Appellate Division: Second Judicial Department

M37950

O/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-06415 Ted Barnett, et al., respondents-appellants, v Jeffrey L. Schwartz, et al., appellants-respondents. (Index No. 15391/02)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated May 17, 2005, inter alia, to dismiss the appeal on the ground that it was not timely perfected, and application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the application is granted, the appellants-respondents' time to perfect the appeal is enlarged until June 5, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-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 respondents-appellants shall serve and file their 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]); and it is further,

ORDERED that the motion is denied.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court