Appellate Division: Second Judicial Department

M67870

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-03977 Vincent Santore, et al., respondents, v David Wolf, etc., defendant, Manhattan Diagnostic Radiology, et al., appellants. (Index No. 11135/04)

DECISION & ORDER ON MOTION

Motion by the appellants Manhattan Diagnostic Radiology and L. Daniel Neistadt and the appellant Robert Cooper to hold in abeyance their respective appeals from an order of the Supreme Court, Richmond County, dated February 14, 2007, or, in the alternative, to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to hold the appeals in abeyance is denied without prejudice to withdrawing the appeals and raising issues relating to the order dated February 14, 2007, on appeals from any final judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellants' time to perfect the appeals is enlarged until May 19, 2008, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court