Erbesh v Schwartz
Motion No: 2007-09774
Slip Opinion No: 2008 NYSlipOp 75677(U)
Decided on June 24, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72174

S/sl

2007-09774, 2008-01150

Morris Erbesh, et al., respondents-appellants,

v Esther E. Schwartz, et al., appellants-respondents,

Diamond Properties, et al., respondents.

(Appeal No. 1)

Morris Erbesh, et al., appellants,

v Esther E. Schwartz, et al., respondents.

(Appeal No. 2)

(Index No. 07-4305)

ORDER ON APPLICATION

Motion by the plaintiffs pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from from two orders of the Supreme Court, Westchester County, dated July 6, 2007, and January 2, 2008.

ORDERED that the application is granted; and it is further,

ORDERED that the plaintiffs time to perfect their appeals is enlarged until August 25, 2008, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the plaintiffs' brief on their appeals must be served and filed on or before that date; and it is further,

ORDERED that the defendants Esther E. Schwartz and Esther E. Schwartz Living Trust shall serve and file their answering brief, including their points of argument on their appeal, on or before October 1, 2008 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the defendants Diamond Properties and Jim Diamond shall serve and file their brief on the appeals on or before October 1, 2008.

ENTER:

James Edward Pelzer

Clerk of the Court