833 Mgmt., LLC v. E.E.M. Realty, Inc.

Full title: 833 Management, LLC, appellant, v. E.E.M. Realty, Inc., respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Mar 21, 2013

2013 N.Y. Slip Op. 68029 (N.Y. App. Div. 2013)

Opinion

2012-04651 Index No. 9682/10 M153407

03-21-2013

833 Management, LLC, appellant, v. E.E.M. Realty, Inc., respondent.

REINALDO E. RIVERA

, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 1, 2012, on the ground that the appeal has been rendered academic or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition 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 enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 22, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court