Appellate Division: Second Judicial Department

M107477

T/ct

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-04593 Kourosh Javaheri, etc., et al., respondents- appellants, v Old Cedar Development Corp., et al., defendants, M. Pierre Rafiy, et al., appellants-respondents, Nourollah Sassouni, respondent. (Index No. 15103/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 29, 2010, in effect, to amend so much of a decision and order on motion of this Court dated June 3, 2010, as conditioned a stay of the trial in the above-entitled action upon the perfection of the appeal on or before July 6, 2010, and to direct the respondents-appellants to perfect their cross appeal, if any, on the same date as the appeal.

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

ORDERED that the branch of the motion which is, in effect, to amend so much of a decision and order on motion of this Court dated June 3, 2010, as conditioned a stay of the trial in the above-entitled action upon the perfection of the appeal on or before July 6, 2010, is granted, and the decision and order on motion dated June 3, 2010, is amended by deleting from the second and third decretal paragraphs thereof the date "July 6, 2010," and substituting therefore the date "September 24, 2010;" and it is further,

ORDERED that the branch of the motion which is to direct the respondents-appellants to perfect their cross appeal on the same date as the appeal is granted to the extent that on or before September 7, 2010, the respondents-appellants shall inform the appellants-respondents whether they intend to perfect their cross appeal; if the respondents-appellants intend to perfect their cross appeal, the appellants-respondents and the respondents-appellants shall consult in the preparation of the joint record or appendix on the appeal and cross appeal, the appellants-respondents shall perfect the appeal by serving and filing the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and their brief, and the respondents-appellants shall serve and file their answering brief, if any, containing their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before October 25, 2010; if the respondents-appellants do not intend to perfect their cross appeal, the appellants-respondents shall perfect the appeal by serving and filing the record or appendix on the appeal and their brief, and the respondents- appellants shall serve and file their answering brief as respondents, if any, on or before October 25, 2010; and that branch of the motion is otherwise denied.

FISHER, J.P., FLORIO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court