Appellate Division: Second Judicial Department

M258859

E/sl

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-00852 In the Matter of Ruth S. (Anonymous). Judith Nelson, etc., et al., appellants; Bonnie Stein, respondent. (Index No. 100011/09)

DECISION & ORDER ON MOTION

2018-00853

In the Matter of Ruth S. (Anonymous).

Judith Nelson, etc., et al., appellants;

Bonnie Stein, respondent.

(Index No. 100011/09)

Motion by the appellants, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated June 29, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and in effect, to consolidate that appeal with an appeal from a judgment of the same court dated December 4, 2017. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief in connection with the appeal from the judgment.

Upon the papers filed in support of the motion and the papers filed in relation 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 branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief in connection with the appeal from the judgment is extended until February 11, 2019, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court