Appellate Division: Second Judicial Department

M270858

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-09172 Downey Savings and Loan Association, F.A., appellant, v Lloyd Yacoob, et al., respondents, et al., defendants. (Index No. 2320/08)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 21, 2015, as untimely taken, to dismiss the appeal on the ground that the appeal has been rendered academic, to extend the time to serve and file a brief, and for an award of costs and an attorney's fee.

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

ORDERED that the branches of the motion which are to dismiss the appeal on the ground that the appeal has been rendered academic and for an award of costs and an attorney's fee are 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 time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended, and on or before June 29, 2020, the respondents shall serve the respondents' brief and upload digital copies of the respondents' brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court