Appellate Division: Second Judicial Department

M64587

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-05657, 2007-07247 Vladimir Tarnopolskiy, plaintiff-respondent, v 700 Third Avenue Associates, et al., defendants third-party plaintiffs-appellants, Grill 44, LLC, defendant-respondent; Ideal Fire Systems, Inc., third-party defendant-respondent. (Appeal No. 1) Vladimir Tarnopolskiy, respondent, v 700 Third Avenue Associates, et al., appellants, et al., defendant (and a third-party action). (Appeal No. 2) (Index No. 4888/05)

DECISION & ORDER ON MOTION

Motion by 700 Third Avenue Associates, Little Louisa, Third & Fulton Associates, Solil Management, and the Estate of Sol Goldman to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated April 20, 2007, and June 15, 2007, respectively. Application by 700 Third Avenue Associates, Little Louisa, Third & Fulton Associates, Solil Management, and the Estate of Sol Goldman pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal from the order dated April 20, 2007.

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

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

ORDERED that the application is granted and the appellants' time to perfect the appeal from the order dated April 20, 2007 (Appellate Division Docket No. 2007-05657), is enlarged until January 28, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

MASTRO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court