Appellate Division: Second Judicial Department

M105883

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2009-06264 Ronald A. Markowitz, appellant-respondent, v Kurzman Eisenberg Corbin Lever & Goodman, LLP, respondent, Richard A. Danzig, respondent-appellant. (Index No. 07-17855)

DECISION & ORDER ON MOTION

Motion by Ronald A. Markowitz on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated May 22, 2009, to enlarge the time to perfect his appeal, and to compel Richard A. Danzig to pay for one-half the cost of the joint record or appendix.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal by Ronald A. Markowitz is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that Richard A. Danzig shall serve and file a record or appendix on his appeal and a brief on or before September 13, 2010, in accordance with the decision and order on motion dated June 14, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court