Appellate Division: Second Judicial Department

M35791

T/nal

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-04008 Village of Westhampton Beach, respondent-appellant, v Donald J. Cayea, et al., appellants-respondents. (Index No. 27666/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to hold in abeyance an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated March 15, 2005, pending hearing and determination of a motion pending before the Supreme Court, Suffolk County, and cross motion by the respondent-appellant to dismiss the appeal by the appellants-respondents, inter alia, for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

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

ORDERED that on the court's own motion, the appellants-respondents' time to perfect the appeal is enlarged until March 17, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court