Appellate Division: Second Judicial Department

M101279

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

PLUMMER E. LOTT, JJ.

2006-07883, 2006-07886, 2006-07890, 2006-10378 Patricia E. Benedict, et al., respondents- appellants, v Whitman, Breed, Abbott & Morgan, et al., appellants-respondents, et al., defendants. (Appeal No. 1) Patricia E. Benedict, et al., respondents- appellants, v Whitman, Breed, Abbott & Morgan, et al., defendants, Estate of George J. Noumai, appellant-respondent. (Appeal No. 2) Patricia E. Benedict, et al., appellants, v Whitman, Breed, Abbott & Morgan, et al., defendants, Estate of Louis J. Amaducci, et al., respondents. (Appeal No. 3) Patricia Benedict, et al., appellants, v Whitman, Breed, Abbott & Morgan, et al., defendants, Peter J. Repetti, & Co., et al., respondents. (Appeal No. 4) (Index No. 97-1514)

DECISION & ORDER ON MOTION

Motion by Whitman, Breed, Abbott & Morgan, among others, to enlarge the time to perfect appeals and cross appeals from three orders of the Supreme Court, Westchester County, all entered June 5, 2006, and an order of the same court entered October 16, 2006.

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 denied; and it is further,

ORDERED that on the court's own motion, the appeals and cross appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and the decision and order on motion of this court dated November 6, 2009, as amended November 9, 2009.

SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court