Appellate Division: Second Judicial Department

M256326

E/mm

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2012-08916 Michael Naughton, etc., et al., appellants, v Duval H. Naughton, Jr., et al., respondents. (Index No. 35280/07)

DECISION & ORDER ON MOTION

Motion by the respondent Duval H. Naughton, Jr., to dismiss an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated July 25, 2012, for failure to comply with a decision and order on motion of this Court dated June 5, 2018. Separate motion by the appellants for leave to serve and file late opposition to the motion by the respondent Duval H. Naughton, Jr. Separate applications by the respondent Duval H. Naughton, Jr., and the respondent Countrywide Home Loans, Inc., to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion by the respondent Duval H. Naughton, Jr., and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellants' motion is denied; and it is further,

ORDERED that the motion by the respondent Duval H. Naughton, Jr., is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the applications are denied as academic.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court