Appellate Division: Second Judicial Department

M108602

E/sl

2010-01786, 2010-02823 2010-02824, 2010-02827 Xentaur Corporation, appellant-respondent v Bedros Bedrossian, respondent-appellant, (Action Nos. 1, 2) Bedros Bedrossian, et al., respondents-appellants, v Xentaur Corporation, appellant-respondent, Cosa Instrument Corporation, et al., respondents. (Action No. 3) (Index Nos. 23403-06, 5542-08, 1017-08)

ORDER ON APPLICATION

Application by the Bedros Bedrossian and Aghavni Omer pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeals from a judgment of the Supreme Court, Suffolk County, dated January 14, 2010 (Appellate Division Docket No. 2010-02823), an order of the same court entered May 29, 2008 (Appellate Division Docket No. 2010-02824), and an interlocutory judgment of the same court dated October 16, 2008 (Appellate Division Docket No. 2010-02827), and a cross appeal from a judgment of the same court dated January 20, 2010 (Appellate Division Docket No. 2010-01786). Separate application by the Xentaur Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal from the judgment dated January 20, 2010 (Appellate Division Docket No. 2010-01786). Separate application by Bedros Bedrossian and Aghavni Omer to preclude Xentaur Corporation from perfecting its appeal unless it pays for one-half the cost of the trial transcript and to vacate a stay of enforcement of the judgment dated January 20, 2010, pursuant to CPLR 5519[a][2]).

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

ORDERED that the applications are granted; and it is further,

ORDERED that Xentaur Corporation's time to perfect its appeal from the judgment dated January 20, 2010 (Appellate Division Docket No. 2010-01786), is enlarged until October 15, 2010, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and Xentaur Corporation's brief must be served and filed on or before that date; and it is further,

ORDERED that the time of Bedros Bedrossian and Aghavni Omer to perfect their appeals from the judgment dated January 14, 2010 (Appellate Division Docket No. 2010-02823), the order entered May 29, 2008 (Appellate Division Docket No. 2010-02824), and the interlocutory judgment dated October 16, 2008 (Appellate Division Docket No. 2010-02827), and to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) in connection with the cross appeal from the judgment dated January 20, 2010 (Appellate Division Docket No. 2010-01786), or to perfect an appeal from the judgment dated January 20, 2010, as appellants, in the event that Xentaur Corporation does not perfect its appeal, is enlarged until November 19, 2010.

ENTER:

Matthew G. Kiernan

Clerk of the Court