Opinion
Motion No: 2013-00536 kc
07-31-2013
Ditmas Park, LLC, Respondent, v. Aizel Meadows, Appellant.
, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss as moot an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 14, 2013, and to vacate a stay granted by decision and order on motion of this court dated April 15, 2013, or, in the alternative, for an enlargement of time to serve and file a respondent's brief and to enlarge the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of respondent's motion seeking to dismiss the appeal as moot and to vacate the stay are denied; and it is further,
ORDERED that the branch of the motion seeking to enlarge the record on appeal is denied as unnecessary, as the material sought to be added is subject to judicial notice; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted and respondent shall serve and file said brief within 21 days of this decision and order; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order.
ENTER:
Paul Kenny
Chief Clerk