Appellate Division: Second Judicial Department

M275432

MB/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-03114 George Petrosian, et al., respondents, v B & A Warehousing, Inc., et al., appellants, et al., defendant. (Index No. 15209/2012)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated February 3, 2020. Motion by the respondents, inter alia, to dismiss the appeal insofar as taken by B & A Warehousing, Inc., and TBS Realty Management, LLC, on the ground that it has been rendered academic. Application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 application is granted, the respondents' time to serve and file a brief is extended, and on or before March 8, 2021, the respondents shall serve the respondents' brief and upload a digital copy 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.

CHAMBERS, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court