Appellate Division: Second Judicial Department

M47784

E/sl

THOMAS A. ADAMS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-02514 Robert A. Griesbeck, etc., et al., appellants, v County of Suffolk, et al., respondents, Laura Hymson, defendant. (Index No. 15694-02)

DECISION & ORDER ON MOTION

Motion by the respondent County of Suffolk to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 12, 2006, as untimely taken or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellants to enlarge the time to perfect the appeal, in effect, to enlarge the time to serve the notice of appeal, if necessary, and to amend the notice of appeal to attach the affidavit of service.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as unnecessary; and it is further,

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

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until January 3, 2007, 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 the branches of the cross motion which are, in effect, to enlarge the time to serve the notice of appeal, if necessary, and to amend the notice of appeal to attach the affidavit of service are denied as unnecessary as the notice of appeal was timely served and filed.

ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court