Appellate Division: Second Judicial Department

M77622

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-10825 Clegguy Fowler, et al., appellants, v Jamaica Bus, et al., respondents. (Index No. 23296/04)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered November 2, 2007, and cross motion by the respondents to dismiss the appeal for failure to timely perfect or, in effect, to enlarge the time to serve and file a brief.

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 motion is granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until October 31, 2008, and the record on appeal and the appellants' 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; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 1, 2008, and the respondents' brief must be served and filed on or before that date.

SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court