Dicker v DeSimone
Motion No: 2018-02861
Slip Opinion No: 2018 NY Slip Op 86807(U)
Decided on October 23, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256657

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-02861

Haime Dicker, appellant,

v John A. DeSimone, respondent.

(Index No. 100023/17)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated January 18, 2018, in effect, on the ground that the appeal has been rendered academic. Application by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until November 26, 2018, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court