Appellate Division: Second Judicial Department

M60116

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-04360, 2006-10305 David Simmons, appellant, v Mansion Homes, Inc., et al., respondents. (Index No. 7576/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to serve and file a replacement appendix and brief on an appeal from an order of the Supreme Court, Queens County, dated March 23, 2006, and to enlarge the time to perfect an appeal from an order of the same court dated September 21, 2006.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a replacement appendix and brief on the appeal from the order dated March 23, 2006, is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated March 23, 2006 (Appellate Division Docket No. 2006-04360), is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the CPLR and the rules of this court (see CPLR 5526, 5529; 22 NYCRR 670.10.2, 670.10.3), and the decision and order on motion of this court dated July 5, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated September 21, 2006 (Appellate Division Docket No. 2006-10305), is granted, the appellant's time to perfect that appeal is enlarged until November 13, 2007, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court