Appellate Division: Second Judicial Department

M74321

B/sl

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-11704 Aleah Holland, etc., et al., appellants, v W.M. Realty Management, Inc., respondent. (Index No. 28601/05)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 7, 2007. Cross motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated with entry of judgment in the action. By decision and order on motion of this court dated July 22, 2008, the motion and the cross motion were held in abeyance pending determination of the appellants' motion to vacate their default in failing to oppose the respondent's motion for summary judgment. By letter dated August 4, 2008, the appellants advised this court that their motion to vacate the final judgment and restore the case to active status was granted by order of the Supreme Court, Kings County, dated July 17, 2008.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and the letter dated August 4, 2008, it is

ORDERED that the motion is granted, the appellants' time to perfect the appeal is enlarged until October 7, 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 the cross motion is denied as academic in light of the order dated July 17, 2008.

FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court