Appellate Division: Second Judicial Department

M54656

E/sl

2006-10804 Miller Realty Associates, appellant, v Robert Amendola, respondent. (Appeal No. 1) (Index No. 2203/06) 2007-00593 Miller Realty Associates, respondent-appellant, v Amendola Industries, Inc., appellant-respondent. (Appeal No. 2) (Index No. 17615/03)

ORDER ON APPLICATION

Application by Miller Realty Associates pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 26, 2006, and an appeal and cross appeal from a judgment of the same court entered December 7, 2006, which were consolidated by decision and order on motion dated April 30, 2007.

ORDERED that the application is granted; and it is further,

ORDERED that the time of Miller Realty Associates to perfect the appeal from the order dated September 26, 2006, and its appeal from the judgment entered December 7, 2006, is enlarged until July 13, 2007, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of Miller Realty Associates on both appeals must be served and filed on or before that date; and it is further,

ORDERED that Amendola Industries, Inc., and Robert Amendola shall serve and file their brief, including the points of argument of Amendola Industries, Inc., on the appeal from the judgment entered December 7, 2006, on or before August 18, 2007 (see 22 NYCRR 670.8); and it is further,

ORDERED that the reply brief of Miller Realty Associates shall be served and filed on or and before September 24, 2007; the reply brief of Amendola Industries, Inc., and Robert Amendola shall be served and filed on or before October 9, 2007.

ENTER:

James Edward Pelzer

Clerk of the Court