Appellate Division: Second Judicial Department

M264355

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-12449 Avi Vizel, appellant-respondent, v Brian Vitale, etc., respondent-appellant. (Index No. 502107/16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 18, 2018, to dismiss the appeal on the ground that it has been rendered academic and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the respondent-appellant's time to serve and file a brief is granted, the respondent-appellant's time to serve and file a brief is extended until August 14, 2019, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), shall be served and filed on or before that date.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court