Appellate Division: Second Judicial Department

M55296

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2006-05790 Salvatore Plaia, respondent-appellant, v Antonio Safonte, et al., appellants- respondents. (Index No. 32429/05)

DECISION & ORDER ON MOTION

Motion by Salvatore Plaia, in effect, to enlarge the time to serve and file a brief containing points of argument on his appeal from an order of the Supreme Court, Kings County, dated May 4, 2006, or, in the alternative, to enlarge the time to serve and file a brief only in response to the appeal of Antonio Safonte and Joanne Safonte. Cross motion by Antonio Safonte and Joanne Safonte, inter alia, in effect, to dismiss the appeal of Salvatore Plaia for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[c], [e]).

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

ORDERED that the branch of the cross motion which is to dismiss the appeal of Salvatore Plaia for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[c], [e]) is granted and the appeal of Salvatore Plaia is dismissed, without costs or disbursements; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge Salvatore Plaia's time to serve and file a brief only in response to the appeal of Antonio Safonte and Joanne Safonte is granted, Salvatore Plaia's time to serve and file that brief is enlarged until June 29, 2007, and Salvatore Plaia's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court