| Matter of Khan v Annucci |
| Motion No: 2019-01820 |
| Slip Opinion No: 2019 NY Slip Op 80330(U) |
| Decided on September 25, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M266129
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2019-01820 In the Matter of Mohammed Khan, appellant, v Anthony J. Annucci, etc., respondent. (Index No. 2587/18)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 31, 2019, on the ground that it has been rendered academic or, in the alternative, 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 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's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until October 25, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted.
DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court