Appellate Division: Second Judicial Department

M257161

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2017-09991 NYCTL 1998, plaintiff-respondent, v Heights House Corp., appellant, et al., defendants; Yussef Saleh, nonparty-respondent. (Index No. 506486/14)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 21, 2017, on the grounds that the appeal has been rendered academic and that the appellant does not have standing to maintain the appeal. Separate motion by the nonparty-respondent to dismiss the appeal on the grounds that the appeal has been rendered academic and the appellant is not aggrieved, to impose a sanction upon the appellant, and for an award of costs and an attorney's fee. Separate applications by the plaintiff-respondent and the nonparty-respondent to extend the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and 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 motions are denied; and it is further,

ORDERED that applications are granted, the time of the plaintiff-respondent and the nonparty-respondent to serve and file their respective briefs is extended until January 4, 2019, and the briefs shall be served and filed on or before that date.

BALKIN, J.P., SGROI, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court