Appellate Division: Second Judicial Department

M91438

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-09872, 2008-09874, 2008-09875 Country Pointe at Dix Hills Home Owners, Assoc., Inc., appellant-respondent, v Beechwood Organization, et al., respondents-appellants, et al., defendants. (Appeal No. 1) Country Pointe at Dix Hills Home Owners Assoc., Inc., appellant, v Beechwood Organization, et al., defendants, Alvin Benjamin, et al., respondents. (Appeal No. 2) Country Pointe at Dix Hills Home Owners Assoc., Inc., appellant, v Beechwood Organization, et al., defendants, S.B.J. Associates, LLC, et al., respondents. (Appeal No. 3) (Index No. 21545-05)

DECISION & ORDER ON MOTION

Motion by Country Pointe at Dix Hills Home Owners Assoc., Inc., on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 4, 2008 (Appellate Division Docket No. 2008-09872), and appeals from two orders also dated September 4, 2008, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeals.

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 motion is granted and the time of Country Pointe at Dix Hills Home Owners Assoc., Inc., to perfect the appeals is enlarged until October 30, 2009, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the brief of Country Pointe at Dix Hills Home Owners Assoc., Inc., 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 respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court