Appellate Division: Second Judicial Department

M60014

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-07723 Steven Roffman, et al., respondents-appellants, v City of New York, et al., respondents, Keyspan Energy Delivery, appellant-respondent. (Index No. 15412/02)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Kings County, dated July 5, 2006. By order to show cause dated June 18, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned and/or dismissing the cross appeal as no notice of cross appeal was timely served or filed, and the motion to enlarge the time to perfect the cross appeal was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that motion to dismiss the appeal and cross appeal is granted, and the appeal and cross appeal are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion to enlarge the time to perfect the cross appeal is denied as academic.

CRANE, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court