Appellate Division: Second Judicial Department

M50674

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-02295, 2006-06893, 2006-06894 Jadadic Adzer, et al., appellants, v Rudin Management Co., Inc., et al., defendants third-party plaintiffs-respondents, W. H. Christian & Sons, Inc., et al., defendants-respondents, et al., defendants; Collins Building Services, third-party defendant-respondent. (Index No. 11847/03)

DECISION & ORDER ON MOTION

Motion by Rudin Management Co., Inc., 3 Times Square Associates, LLC, and 42nd Street Development Project, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated January 23, 2006 (Appellate Division Docket No. 2006-02295), on the ground that the order was superseded by an order of the same court dated June 7, 2006 (Appellate Division Docket No. 2006-06894) made upon reargument, or, in the alternative, to enlarge the time to serve and file a brief. Application by the appellants to enlarge their time to perfect appeals from two orders of the same court dated June 7, 2006, and June 8, 2006, respectively.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 23, 2006, is held in abeyance and referred to the panel of justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief on the appeal from the order dated January 23, 2006, is granted, the movants' time to serve and file a brief is enlarged until March 12, 2007, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the application is granted, the appellants' time to perfect the appeals from the orders dated June 7, 2006, and June 8, 2006, is enlarged until March 12, 2007, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated January 23, 2006, will be heard together with the appeals from the orders dated June 7, 2006, and June 8, 2006, and will be argued or submitted on the same day.

RITTER, J.P., FLORIO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court