Opinion
Motion No: 2014-05099
05-27-2016
Thomas J. Spota, etc., appellant, v. Paul White, et al., respondents, et al., defendants.
M212365
E/ct
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
(Index No. 29681/12)
DECISION & ORDER ON MOTION
Motion by the respondent Paul White, inter alia, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 1, 2014, to waive the filing fee, and to be provided with the transcript of the proceedings without charge. Separate motion by the respondent John Cline Reservoir, LLC, to dismiss the appeal insofar as taken against it for failure to serve the notice of appeal upon it, for failure to serve the appellant's appendix and the appellant's brief upon it, and on the ground that the appeal has been rendered academic or, in the alternative, in effect, to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1), or in the alternative, to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondent Paul White which is to enlarge the time to serve and file a brief and the branch of the motion by the respondent John Cline Reservoir, LLC, which is, in effect, to enlarge the time to serve and file a brief are granted, the movants' time to serve and file their respective briefs is enlarged until July 26, 2016, and the movants' briefs must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion by the respondent Paul White which is to waive the filing fee is denied as unnecessary; and it is further,
ORDERED that the motions are otherwise denied; and it is further,
ORDERED that on the Court's own motion, on or before June 17, 2016, the appellant shall serve two copies of the appellant's appendix and the appellant's brief upon the respondent John Cline Reservoir, LLC; and it is further,
ORDERED that the branch of the cross motion which is, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) is denied as no stay is in effect; and it is further,
ORDERED that the cross motion is otherwise denied.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court