Appellate Division: Second Judicial Department

M259989

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-07442 John V. Muzio, Jr., etc., appellant, et al., plaintiff, v Maria Alfaro-Hardy, etc., et al., respondents. (Index No. 10528/05)

DECISION & ORDER ON MOTION

Appeal by John V. Muzio, Jr., from an order of the Supreme Court, Nassau County, entered May 8, 2017, as amended April 16, 2018. By order to show cause dated December 4, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated October 12, 2018.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated October 12, 2018, is extended until February 22, 2019, and on or before that date the appellant shall serve and file a supplemental appendix containing all of the motion papers considered by the Supreme Court, Nassau County, in determining the motions that resulted in the order entered May 8, 2017, as amended April 16, 2018; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is extended until March 24, 2019, and the respondents' briefs shall be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court