Appellate Division: Second Judicial Department

M95824

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-01696, 2009-01697, 2009-04537, 2009-05887 Steve Giano, etc., respondent, v John Ioannou, etc., appellant. (Index No. 1522/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered December 7, 2007, and October 16, 2008, respectively, a judgment of the same court dated December 19, 2008, and an order of the same court dated May 4, 2009, for failure to timely perfect and for failure to settle the trial transcript. Cross motion by the appellant to enlarge the time to perfect the appeals, and to direct respondent's counsel to provide appellant's counsel with copies of all trial exhibits in his possession.

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 cross motion is granted; and it is further,

ORDERED that on or before December 28, 2009, respondent's counsel shall provide appellant's counsel with copies of all trial exhibits in his possession; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until January 27, 2010, and the record or appendix on the appeals and the appellant's 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 motion is denied.

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court