| Merlino v Knudson |
| Motion No: 2020-07327 |
| Slip Opinion No: 2021 NY Slip Op 63101(U) |
| Decided on March 17, 2021 |
| 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
M276128
E/sl
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2020-07327 Ann Merlino, etc., et al., appellants, v Leonore Knudson, et al., respondents. (Index No. 151512/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated September 18, 2020. Motion by the respondents Leonore Knudson, Viola Huston, John Knudson, Kenneth Knudson, and Elisa Iannacone to dismiss the appeal insofar as taken against them as abandoned. Motion by the respondents Integrity Service Inc., and Claudette Duff to dismiss the appeal insofar as taken against them as abandoned or, in the alternative, to extend the time to serve and file a brief. Application by the respondents Leonore Knudson, Viola Huston, John Knudson, Kenneth Knudson, and Elisa Iannacone 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 motions 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 by the respondents Leonore Knudson, Viola Huston, John Knudson, Kenneth Knudson, and Elisa Iannacone and the branch of the motion by the respondents Integrity Service Inc., and Claudette Duff which are to dismiss the appeal insofar as taken against them as abandoned 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 by the respondents Integrity Service Inc., and Claudette Duff which is to extend the time to serve and file a brief and the application are granted, the time of the respondents Leonore Knudson, Viola Huston, John Knudson, Kenneth Knudson, and Elisa Iannacone, and the respondents Integrity Service Inc., and Claudette Duff to serve and file their respective briefs via NYSCEF is extended until April 17, 2021, and the originals and five hard copies of the briefs shall be filed in accordance with any applicable administrative order or other order to be issued by the Court.
RIVERA, J.P., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court