Appellate Division: Second Judicial Department

M255490

E/rr

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2018-01974 In the Matter of Alicia Boyd, appellant, et al., petitioner, v Michael Liburd, etc., et al., respondents. (Index No. 2625/17)

DECISION & ORDER ON MOTION

Motion by the petitioner Janine Nichols on an appeal from an order of the Supreme Court, Kings County, dated January 11, 2018, in effect, to recall and vacate so much of a decision and order on motion of this Court dated May 22, 2018, as dismissed the appeal insofar as taken by Janine Nichols, on the ground that Alicia Boyd did not have the authority to take an appeal on behalf of the petitioner Janine Nichols, and to reinstate the appeal by Janine Nichols. Separate motion by the respondents to enlarge the time to serve and file a brief and to amend the caption to reflect that the petitioner Janine Nichols is no longer an appellant.

Upon the papers filed in support of the motion by the petitioner Janine Nichols and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondents and no papers having been filed in opposition thereto, it is

ORDERED that the motion by the petitioner Janine Nichols is denied; and it is further,

ORDERED that the branch of the motion by the respondents which is to enlarge the time to serve and file a brief is granted is granted, the respondents' time to serve and file a brief is enlarged until October 19, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion by the respondents' which is to amend the caption to reflect that the petitioner Janine Nichols is no longer an appellant is denied as unnecessary.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court