Appellate Division: Second Judicial Department

M49200

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-05011 Thomas Lamb, et al., appellants, v Kevin Maloney, etc., et al., respondents, et al., defendants. (Index No. 03-7742)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 9, 2006, on the ground that the appellants are not aggrieved by the order appealed from or that the appellants have accepted the benefits of the order appealed from and have waived the right to appellate review of the issues they wish to raise, to enlarge the time to serve and file a brief, and to enlarge the record on appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied with leave to the respondents to raise the issue in their brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 8, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court