| Melius v Breslin |
| Motion No: 2006-04453 +1 |
| Slip Opinion No: 2007 NYSlipOp 61729(U) |
| Decided on January 24, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M49711
E/sl
GABRIEL M. KRAUSMAN, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
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2006-04453 Gary Melius, et al., respondents-appellants, v Wilbur F. Breslin, et al., appellants-respondents. (Appeal No. 1) 2006-06910 Gary Melius, et al., respondents-appellants, v Wilbur F. Breslin, et al., defendants, Breslin Realty Development Corp., et al., defendants-appellants- respondents; Breslin Realty Development Corp., et al., nonparty-appellants-respondents. (Appeal No. 2) (Index No. 18019/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellants-respondents Breslin Realty Development Corp., Carmen's Plaza, LLC, Carmen's Plaza Associates, Breskel Associates, Breskin Realty, East Meadow Associates, Doyle Realty, LLC, Estate of Robert Frankel, Meadowridge Realty Corp., Rochester Associates, LP, Riverwood LaPlace Associates, LLC, Breskin Brooklyn Corp., Huntington Square Associates, LP, and Bay Harbour Associates, LP, on appeals and cross appeals from a judgment of the Supreme Court, Nassau County, dated July 18, 2006 (Appellate Division Docket No. 2006-06910), and an order of the same court entered March 17, 2006 (Appellate Division Docket No. 2006-04453), to enlarge the time to perfect the appeals.
ORDERED that on the court's own motion, the appeal from the order entered March 17, 2006 (Appellate Division Docket No. 2006-04453), is dismissed, without costs or disbursements, as no appeal lies as of right from an order which is not the result of a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is granted, and the appellants-respondents' time to perfect the appeal is enlarged until March 20, 2007, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).
KRAUSMAN, J.P., DILLON, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court