Appellate Division: Second Judicial Department

M84106

E/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-11253, 2009-00317 Fredric P. Shaw, et al., appellants-respondents, v RPA Associates, LLC, et al., respondents-appellants, Patriot Ridge Development, LLC, defendant third-party plaintiff-respondent; Rockbusters, etc., third-party defendant-respondent. (Index No. 21503/06)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by RPA Associates, LLC, AVR Realty Company, and Patriot Ridge Development, LLC, on an appeal and cross appeal from two orders of the Supreme Court, Westchester County, entered August 12, 2008, and November 18, 2008, respectively, to dismiss the appeal from the order entered August 12, 2008, as untimely taken. Separate motion by Rockbusters for the same relief. Cross motion by Fredric P. Shaw and Joann Shaw for leave to appeal to this court from the order entered August 12, 2008.

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

ORDERED that the motions are granted and the appeal from the order entered August 12, 2008 (Appellate Division Docket No. 2008-11253), is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513), without prejudice to taking an appeal from any judgment entered on the order; and it is further,

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

ORDERED that on the court's own motion, the appeal from the order entered November 18, 2008 (Appellate Division Docket No. 2009-00317), is dismissed, without costs or disbursements, on the ground that Fredric P. Shaw and Joann Shaw are not aggrieved by that order (see CPLR 5511).

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court