Appellate Division: Second Judicial Department

M49623

E/mv

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-05802, 2006-11715 Yakov Shubov, et al., respondents, v Ming Zhang Gui, et al., appellants. (Index No. 49045/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated March 11, 2004 (Appellate Division Docket No. 2006-11715), and April 27, 2006 (Appellate Division Docket No. 2006-05802), respectively, and to enlarge the time to perfect the appeal from the order dated April 27, 2006. Cross motion by the respondents to dismiss the appeal from the order dated March 11, 2004, on the ground that it was untimely taken. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated April 27, 2006.

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

ORDERED that the cross motion is granted, and the appeal from the order dated March 11, 2004 (Appellate Division Docket No. 2006-11715), is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 27, 2006 (Appellate Division Docket No. 2006-05802), and the application are granted, the appellants' time to perfect that appeal is enlarged until March 20, 2007, and the record or appendix on that appeal, and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court