Appellate Division: Second Judicial Department

M96583

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-05657, 2009-11679 Shermaine Laster, etc., et al., plaintiffs-respondents, v 125-129 Park Avenue Realty, LLC, defendant third- party plaintiff-appellant, Silvestre Castillo, et al., defendants-appellants, Seaboard Outdoor Advertising Co., Inc., et al., defendants third-party plaintiffs- respondents, et al., defendants. (Index No. 19172/05)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by Seaboard Outdoor Advertising Co., Inc., and Vista Media Group, Inc., on appeals from an order of the Supreme Court, Kings County, dated May 13, 2009, and a judgment of the same court entered June 25, 2009, to dismiss the appeals from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment. Application by the defendant-appellant Metropolitan Sign and Rigging pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that on the court's own motion, the notices of appeal from the order dated May 13, 2009, are deemed also to be notices of appeal from the judgment entered June 25, 2009 (see CPLR 5501[c]); and it is further,

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the time to perfect the appeals is enlarged until March 8, 2010 , and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court