Appellate Division: Second Judicial Department

M274620

E/afa

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-08677 Felix Glaubach, etc., appellant, v David Slifkin, et al., respondents. (Index No. 702987/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered June 10, 2019. Motion by the respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, to extend the time to serve and file a brief. Application by the respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief. Separate application by the appellant pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation 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 time to serve and file a brief and the application by the respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio for that relief are granted, the time of the respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio to serve and file a brief is extended, on or before January 21, 2021, the respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio shall serve their brief and upload digital copies of their brief, with proof of service thereof, through the digital portal on this Court's website, and the respondents Jack Bilancia, Anthony Castiglione, Nancy Roa, and Josephine DiMaggio shall file an original and five hard copies of their brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the appellant's application is denied as premature.

DILLON, J.P., MILLER, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court