Appellate Division: Second Judicial Department

M52333

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-06524, 2006-06685, 2006-11605 Benhope Marlon Munroe, et al., respondents, v Gopal Burgher, appellant, et al., defendants. (Index No. 05-21789)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, on appeals from two orders of the Supreme Court, Westchester County, entered April 27, 2006, and June 13, 2006, respectively, and a judgment of the same court dated July 26, 2006, to dismiss the appeals from the orders on the ground that the orders were superseded by the judgment and to dismiss the appeal from the judgment, on the ground, among others, that the appeal from the judgment was untimely taken, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeals from the orders is denied as unnecessary on the ground that those appeals were dismissed by decision and order on motion of this court dated November 20, 2006; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment is denied; 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 respondents' time to serve and file a brief is enlarged until May 22, 2007, and the respondents' 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., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court