Appellate Division: Second Judicial Department

M99608

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-04616, 2009-11484, 2009-11488 Victoria Mironer, et al., respondents, v City of New York, et al., appellants. (Appeal No. 1) Victoria Mironer, et al., respondents- appellants, v City of New York, et al., appellants-respondents. (Appeal Nos. 2 and 3) (Index No. 6213/07)

DECISION & ORDER ON MOTION

Motion by City of New York, Department of Education of City of New York, and New York City School Construction Authority, on an appeal from an order of the Supreme Court, Kings County, dated March 18, 2009 (Appellate Division Docket No. 2009-04616), an appeal and cross appeal from an order of the same court dated October 9, 2009 (Appellate Division Docket No. 2009-11488), and an appeal and cross appeal from an amended order of the same court dated October 20, 2009 (Appellate Division Docket No. 2009-11484), to enlarge the time to perfect the appeal from the order dated March 18, 2009. Cross motion by Victoria Mironer and Mark Mironer to dismiss the appeal from the order dated March 18, 2009, for failure to timely perfect.

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 motion is granted and the movants' time to perfect that appeal from the order dated March 18, 2009 (Appellate Division Docket No. 2009-04616), is enlarged until March 22, 2010, and the record or appendix on that appeal and the movants' 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 cross motion is denied.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court