Appellate Division: Second Judicial Department

M255450

E/mm

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-02191 Susan Ford, appellant-respondent, v Kenneth Ford, respondent-appellant; Tabat Cohen Blum & Yovino, PC, nonparty-respondent. (Index No. 14001/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that decision and order on motion of this Court dated September 10, 2018, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2017, to dismiss the appeal on the ground that no appeal lies from an order denying leave to renew a decision or, in the alternative, to enlarge the time to serve and file an answering brief. Cross motion by the appellant-respondent to dismiss the cross appeal in the event that the appeal is dismissed. Separate cross motion by the nonparty-respondent to dismiss the cross appeal in the event that the appeal is dismissed.

Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal and the cross motions are held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted, the respondent-appellant's time to file an answering brief is enlarged until October 10, 2018, and the answering brief shall be served and file on or before that date.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court