Appellate Division: Second Judicial Department

M39302

Y/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-10042, 2006-04001 Crossroads Transportation Service, Inc., respondent, v All Phase Logistics, Inc., appellant (and a third-party action). 2006-03664 Crossroads Transportation Service, Inc., plaintiff- respondent, v All Phase Logistics, Inc., defendant third-party plaintiff-respondent-appellant; Onyx International Transport, Inc., third-party defendant- appellant-respondent. (Index No. 11511/01)

DECISION & ORDER ON MOTION

Motions by the All Phase Logistics, Inc., on appeals from a judgment of the Supreme Court, Nassau County, entered January 3, 2005 (Appellate Division Docket Number 2006-04001), an order of the same court dated September 6, 2005 (Appellate Division Docket Number 2005-10042), and an appeal and cross appeal from an order of the same court dated March 7, 2006 (Appellate Division Docket Number 2006-03664), (1) to stay enforcement of the judgment pending hearing and determination of the appeals and cross appeal from the orders, and (2), inter alia, to vacate all liens placed on the movant's accounts at the North Fork Bank. Application by All Phase Logistics, Inc., to enlarge the time to perfect the appeal from the order dated September 6, 2005.

Upon the papers filed in support of the motions and application and the papers filed in opposition and relation thereto, it is

ORDERED that the first motion for a stay is denied as unnecessary (see CPLR 5519[a][2]); and it is further,

ORDERED that the branch of the second motion which is to vacate all liens placed on the movant's accounts at the North Fork Bank is granted, and all liens placed on the movant's accounts at the North Fork Bank are vacated; and it is further,

ORDERED that the second motion is otherwise denied; and it is further,

ORDERED that the application is granted, and the movant's time to perfect the appeal from the order dated September 6, 2005 (Appellate Division Docket Number 2005-10042) is enlarged until July 7, 2006, and the record or appendix on that appeal and the movant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time to perfect that appeal will be granted.

MILLER, J.P., SANTUCCI, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court