Appellate Division: Second Judicial Department

M108176

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10806, 2009-11076 I & T Petroleum, Inc., et al., plaintiffs-respondents, v James LaScalia, et al., appellants, Delta Property Leasing Corp., defendant-respondent. (Index No. 10337/07)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of two judgments of the Supreme Court, Nassau County, entered October 20, 2009, and October 27, 2009, respectively, pending hearing and determination of appeals from the judgments, to enlarge the time to perfect the appeals, and to set aside a verdict and grant a new trial based on fraud. Separate motion by the plaintiffs-respondents to dismiss the appeals for failure to timely perfect.

Upon the papers filed in support of the motions and the papers filed in opposition to the appellants' motion, and no papers having been filed in opposition or in relation to the plaintiffs-respondents' motion, it is

ORDERED that the branches of the appellants' motion which are to stay enforcement of the judgments, and to set aside a verdict and grant a new trial are denied; and it is further,

ORDERED that the branch of the appellants' motion which is to enlarge the time to perfect the appeals is granted, the appellants' time to perfect the appeals is enlarged until October 25, 2010, and the record or appendix on the appeals and the appellants' 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 plaintiffs-respondents' motion to dismiss the appeals is denied.

DILLON, J.P., FLORIO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court