Appellate Division: Second Judicial Department

M70455

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-06559, 2008-02039 Jessica A. Sobin, appellant, v Rafal Tulutki, et al., defendants, Allen Luna, respondent. (Appeal No. 1) Jessica A. Sobin, appellant, v Rafal Tylutki, et al., respondents, et al., defendants. (Appeal No. 2) (Index No. 27103/05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, entered July 3, 2007, and November 30, 2007, respectively, in effect, inter alia, to deem an amended notice of appeal to be a timely notice of appeal from an order of the same court dated June 26, 2007, which granted the motion of Frederick Vennera and Joseph Vennera for summary judgment. Cross motion by Rafal Tulutki, a/k/a Rafal Tylutki, and Dariusz Lipinski to dismiss the appeal from the order entered November 30, 2007, on the ground that it was untimely taken.

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

ORDERED that the branch of the motion which is, in effect, to deem the amended notice of appeal to be a timely notice of appeal from the order dated June 26, 2007, which granted the motion of the defendants Frederick Vennera and Joseph Vennera for summary judgment, is denied without prejudice to filing a notice of appeal from that order in the event that the time to appeal from that order has not expired; and it is further,

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

ORDERED that the cross motion is denied on the ground that the movants did not establish that the order entered November 30, 2007 (Appellate Division Docket No. 2007-06559), was served with notice of entry (see CPLR 5513[a]); and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal from the order entered July 3, 2007 (Appellate Division Docket No. 2007-06559), is enlarged until June 12, 2008, and the record or appendix on the appeal and the appellant's brief 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., SPOLZINO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court