Barnett v Schwartz
Motion No: 2005-06415
Slip Opinion No: 2006 NYSlipOp 68642(U)
Decided on May 12, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39583

Y/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

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, for leave to reargue that branch of their prior motion which was to be relieved of the requirement to pay half the cost of the record on appeal, which was determined by decision and order on motion of this court dated April 3, 2006.

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

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until July 13, 2006, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court