Appellate Division: Second Judicial Department

M39455

T/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2002-03272, 2003-07304, 2004-08999, 2005-05175, 2005-10414 Edward Ayers, Sr., respondent, v Leila Ayers, appellant. (Action No. 1) (Index No. 203243/00) Leila Ayers, et al., appellants, v Edward Ayers, respondent. (Action No. 2) (Index No. 809052/04)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a judgment of the Supreme Court, Nassau County, entered January 23, 2002 (Appellate Division Docket No. 2002-03272), and four orders of the same court dated August 7, 2003 (Appellate Division Docket No. 2003-07304), October 7, 2004 (Appellate Division Docket No. 2004-08999), May 6, 2005 (Appellate Division Docket No. 2005-05175), and September 29, 2005 (Appellate Division Docket No. 2005-10414), respectively, inter alia, to recall and vacate a decision and order on motion of this court dated October 31, 2002, which dismissed the appeal from the judgment, and so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar," dated May 24, 2004, as dismissed the appeal from the order dated August 7, 2003, for failure to timely perfect the same, to reinstate those appeals, and to enlarge the time to perfect those appeals, to enlarge the time to perfect the appeal from the order dated September 29, 2005, and to consolidate the appeal from the order dated September 29, 2005, with the appeals from the orders dated October 7, 2004, and May 6, 2005.

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 enlarge the time to perfect the appeal from the order dated September 29, 2005 (Appellate Division Docket No. 2005-10414), is granted, and the appellants' time to perfect the appeal is enlarged until July 10, 2006, and the record or appendix on the appeal and the appellants' 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 on the court's own motion, the appeals from the orders dated October 7, 2004, and May 6, 2005, and the appeal from the order dated September 29, 2005, shall be calendared together, and shall be argued or submitted on the same day; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court