Appellate Division: Second Judicial Department

M65645

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-06051, 2007-08519, 2008-00029 Flora Abir, et al., appellants-respondents, v Malky, Inc., respondent-appellant, Michael J. Taubenblat, et al., respondents. (Appeal Nos. 1 & 3) Flora Abir, et al., appellants, v Malky, Inc., respondent, et al., defendants. (Appeal No. 2) (Index No. 6938/03)

DECISION & ORDER ON MOTION

Motion by Flora Abir and Fereydoon Abir on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 18, 2007 (Appellate Division Docket No. 2007-06051), an appeal from an order of the same court entered August 15, 2007 (Appellate Division Docket No. 2007-08519), and an appeal and cross appeal from a judgment of the same court entered September 12, 2007 (Appellate Division Docket No. 2008-00029), inter alia, to stay the foreclosure sale of the subject premises.

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 time to perfect the appeal from the order dated April 18, 2007 (Appellate Division Docket No. 2007-06051), is enlarged until March 10, 2008, and the joint record or appendix and the brief of Flora Abir and Fereydoon Abir must be served and filed on or before that date; and it is further,

ORDERED that Malky, Inc., shall serve and file its answering brief, including its points of argument on the cross appeal in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is denied.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court