Appellate Division: Second Judicial Department

M88248

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-08546, 2009-00019 Shauna Alami, etc., et al., appellants, v Volkswagen of America, Inc., defendant; Shandell, Blitz, Blitz & Bookson, LLP, nonparty-respondent. (Appeal No. 1) Shauna Alami, etc., et al., appellants-respondents, v Volkswagen of America, Inc., defendant; Shandell, Blitz, Blitz & Bookson, LLP, nonparty-respondent-appellant. (Appeal No. 2) (Index No. 96-20093)

DECISION & ORDER ON MOTION

Motion by Shauna Alami, as administratrix of the goods, chattels, and credits, which were of Silhadi Alami, deceased, and Shauna Alami, individually, inter alia, in effect, to vacate a decision and order on motion dated April 20, 2009, dismissing an appeal from a decision of the Supreme Court, Westchester County, entered August 7, 2008, and to enlarge the time to perfect an appeal and cross appeal from an order of the same court entered October 29, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and cross appeal from the order entered October 29, 2008 (Appellate Division Docket No. 2009-00019), is granted, the appellants-respondents' time to perfect the appeal is enlarged until August 7, 2009, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the nonparty-respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court