Appellate Division: Second Judicial Department

M60209

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

ROBERT A. LIFSON

WILLIAM E. McCARTHY, JJ.

2006-11982, 2006-11983, 2007-00034, 2007-05312 Thomas O'Brien, et al., plaintiffs, JP Morgan Chase Bank, N.A., etc., et al., respondents, v Town of Huntington, et al., appellants. (Index No. 15166-81)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a judgment of the Supreme Court, Suffolk County, entered October 30, 2006 (Appellate Division Docket No. 2006-11983), and three orders of the same court dated June 21, 2006 (Appellate Division Docket No. 2006-11982), October 23, 2006 (Appellate Division Docket No. 2007-00034), and May 2, 2007 (Appellate Division Docket No. 2007-05312), respectively, inter alia, (1) to confirm that an automatic stay, pursuant to CPLR 5519(a)(1), is in effect with respect to the judgment, or, in the alternative, to stay enforcement of the judgment pending hearing and determination of the appeals, (2) for summary reversal of the judgment and the orders, (3) to enlarge the time to perfect the appeals, and (4) for leave to file an oversized brief. Cross motion by the respondents to dismiss the appeals, inter alia, on the ground that the appellants rely on matter dehors the record. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted and the judgment is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals and the application are granted to the extent that the appellants' time to perfect the appeals from the judgment entered October 30, 2006 (Appellate Division Docket No. 2006-11983), and two orders dated June 21, 2006 (Appellate Division Docket No. 2006-11982), and October 23, 2006 (Appellate Division Docket No. 2007-00034), respectively, is enlarged until November 26, 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 no further enlargements of time to perfect the appeals from the judgment entered October 30, 2006, and two orders dated June 21, 2006, and October 23, 2006, respectively, shall be granted; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized brief is granted, and the appellants are granted leave to file a brief with appendix in the form appended to the motion papers; and it is further,

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

ORDERED that the cross motion is denied.

CRANE, J.P., FLORIO, LIFSON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court