Appellate Division: Second Judicial Department

M34445

S/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-03791, 2005-03794, 2005-03795 Alan N. Gagnon, et al., plaintiffs, v Hamlet On Olde Oyster Bay, LLC, et al., defendants third-party plaintiffs-appellants; Newbridge Electric of Long Island Corp., third-party defendant-respondent (and other third-party actions). (Index No. 17945/01)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two judgments of the Supreme Court, Nassau County, dated November 22, 2004, and December 3, 2004, respectively, and an interlocutory judgment of the same court entered December 9, 2004, to dismiss the appeal from the interlocutory judgment entered December 9, 2004, on the ground that the appeal was not timely taken. By decision and order on motion dated June 21, 2005, the matter was remitted to the Supreme Court, Nassau County, to hear and report on if and when the interlocutory judgment dated December 9, 2004, was served with notice of entry upon counsel for the defendants third-party plaintiffs-appellants, and the motion was held in abeyance in the interim. The Supreme Court, Nassau County, has filed its report. Application by the appellants pursuant to 22 NYCRR 670.8[d][2] to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, it is

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

ORDERED that the application is granted, the appellants' time to perfect the appeals is enlarged until February 21, 2006, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.

FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court