Appellate Division: Second Judicial Department

M49002

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-01652, 2006-01654, 2006-01655, 2006-01656, 2006-01657, 2006-01658, 2006-01660 Suzy Sparozic, appellant, v Bovis Lend Lease LMB, Inc., etc., et al., respondents, et al., defendant. (Index No. 830/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from seven orders of the Supreme Court, Putnam County, one dated December 21, 2005, one dated December 22, 2005, four dated January 6, 2006, and one dated January 10, 2006, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate cross motions by the respondents to dismiss the appeals for failure to timely perfect the same.

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

ORDERED that on the court's own motion, the appeals from the order dated December 22, 2005 (Appellate Division Docket No. 2006-01654), granting the motion of the respondents Beyer, Blinder Belle P.C. and Beyer Blinder Belle Architects and Planners, LLP for summary judgment, the order dated January 6, 2006 (Appellate Division Docket No. 2006-01655), granting the motion of the respondent Williams Jackson Ewing, Incorporated, for summary judgment, and the order dated January 6, 2006 (Appellate Division Docket No. 2006-01656), granting the motion of the respondent STV, Incorporated, for summary judgment are dismissed as abandoned, without costs or disbursements; and it is further,

ORDERED that the cross motions of the respondents Beyer Blinder Belle, P.C., and Beyer Blinder Belle Architects and Planners, the respondent Williams Jackson Ewing, Incorporated, and the respondent STV, Incorporated, are denied as academic; and it is further,

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

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal with respect to the appeals from the order dated December 21, 2005 (Appellate Division Docket No. 2006-01652), granting the motion of the respondents American Premier Underwriters, Inc., and New York & Harlem Railroad Company for summary judgment, the order dated January 6, 2006 (Appellate Division Docket No. 2006-01657), granting the motion of the respondent Bovis Lend Lease LMB, Inc., for summary judgment, the order dated January 6, 2006 (Appellate Division Docket No. 2006-01658), granting the motion of the respondent GCT Venture, Inc., for summary judgment, and the order January 10, 2006 (Appellate Division Docket No. 2006-01660), granting the motion of the respondents Jones Lang LaSalle, Incorporated, for summary judgment, is granted; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal with respect to the appeals from the order dated December 22, 2005 (Appellate Division Docket No. 2006-01654), the order dated January 6, 2006 (Appellate Division Docket No. 2006-01655), and the order dated January 6, 2006 (Appellate Division Docket No. 2006-01656), is denied as academic; and it is further,

ORDERED that the time of the respondents GCT Venture, Inc., American Premier Underwriters, Inc., New York & Harlem Railroad Company, and Jones Lang LaSalle, Incorporated, to serve and file their respective briefs is enlarged until February 5, 2007, and those briefs must be served and filed on or before that date.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court