Appellate Division: Second Judicial Department

M62175

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-00960, 2007-06539, 2007-07842 In the Matter of David F. Parente, etc., et al., appellants, v Anthony Marano, etc., et al., respondents. (Appeal No. 1) In the Matter of Thomas F. Liotti, appellant, v Kathleen M. Rice, etc., et al., respondents. (Appeal No. 2) In the Matter of Thomas F. Liotti, appellant, v Kathleen M. Rice, etc., et al., respondents- respondents, et al., respondent. (Appeal No. 3) (Index Nos. 12475/06, 2336/07, 5704/07)

DECISION & ORDER ON MOTION

Motion by Thomas Liotti on appeals from three orders of the Supreme Court, Nassau County, in separate proceedings, dated December 18, 2006 (Appellate Division Docket No. 2007-00960), entered June 28, 2007 (Appellate Division Docket No. 2007-06539), and entered July 12, 2007 (Appellate Division Docket No. 2007-07842), respectively, to enlarge the time to perfect the appeal from the order dated December 18, 2006 (Appellate Division Docket No. 2007-00960), and to enjoin the respondents from "enforcing, recording, or perfecting any judgment . . . for costs and disbursements" in the proceedings in which the orders entered June 28, 2007 (Appellate Division Docket No. 2007-06539), and July 12, 2007 (Appellate Division Docket No. 2007-07842), respectively, are entered, and to vacate any judgment entered in those proceedings, pending hearing and determination of appeals from those orders.

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

ORDERED that on the court's own motion, the appeals from the orders entered June 28, 2007 (Appellate Division Docket No. 2007-06539), and July 12, 2007 (Appellate Division Docket No. 2007-07842), respectively, are dismissed, without costs or disbursements, on the ground that judgments have been entered in the proceedings in which those orders are entered and no appeal lies as of right from intermediate orders in proceedings pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is to enjoin the respondents from "enforcing, recording, or perfecting any judgment . . . for costs and disbursements" in the proceedings in which the orders entered June 28, 2007 (Appellate Division Docket No. 2007-06539), and July 12, 2007 (Appellate Division Docket No. 2007-07842), respectively, are entered, and to vacate any judgment entered in those proceedings, pending hearing and determination of appeals from those orders is denied; 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 December 18, 2006 (Appellate Division Docket No. 2007-00960), is granted, the appellant's time to perfect the appeal is enlarged until December 26, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court