Appellate Division: Second Judicial Department

M86641

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REINALDO E. RIVERA, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-09293 ORDER ON APPLICATION Sholem Eliezer Frankel, et al., plaintiffs, v Congregation Yetev Lev D'Satmar, defendant. (Action No. 1) Congregation Yetev Lev D'Satmar, Inc., et al., plaintiffs, v Congregation Yetev Lev D'Satmar, Inc., defendant, Sol Perlstein, et al., appellants. (Action No. 2) Congregation Yetev Lev D'Satmar, Inc., et al., appellants, et al., plaintiff, v Berl Friedman, et al., respondents. (Action No. 3) (Index Nos. 22110/02, 19144/06, 25586/06)

Application by the appellants Congregation Yetev Lev D'Satmar, Inc., and Jenoe Kahan on appeals from an order of the Supreme Court, Kings County, dated August 22, 2008, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal.

ORDERED that the application is granted and the time of the appellants Congregation Yetev Lev D'Satmar, Inc., and Jenoe Kahan to perfect their appeal is enlarged until June 5, 2009, and the record or appendix on their appeal and the brief of the appellants Congregation Yetev Lev D'Satmar, Inc., and Jenoe Kahan must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the appeal by Sol Perlstein and United Talmudical Academy Torah V'Yirah is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of the court (see 22 NYCRR 670.8[e]).

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court