Appellate Division: Second Judicial Department

M264875

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-07587 Flatbush Two, LLC, respondent, v Maria Morales, appellant, et al., defendants. (Index No. 1631/14)

DECISION & ORDER ON MOTION

Motion by the respondent to extend the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered September 12, 2018. By order to show cause dated June 7, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with a decision and order on motion of this Court dated March 13, 2019, and the respondent's motion was held in abeyance in the interim. Motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated March 13, 2019.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

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

ORDERED that the appellant's motion is granted and the appellant shall serve and file a supplemental record containing the judgment on or before August 21, 2019; and it is further,

ORDERED that no further extension of time to comply with the decision and order on motion of this Court dated March 13, 2019, shall be granted; and it is further,

ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief is extended until September 20, 2019, and the respondent's brief shall be served and filed on or before that date.

LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court