Appellate Division: Second Judicial Department

M110128

B/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-01724 Cheryl Cassaberry, etc., et al., plaintiffs-appellants, v Mario Sferrazza, defendant-appellant, County of Suffolk, et al., respondents, et al., defendants. (Index No. 39208-08)

DECISION & ORDER ON MOTION

Motion by the respondent County of Suffolk to dismiss appeals from an order of the Supreme Court, Suffolk County, dated January 4, 2010, for failure to timely perfect. Separate motion by the respondents Town of Brookhaven and Town of Brookhaven Department of Housing, Community Development, and Intergovernmental Affairs to dismiss the appeal by the plaintiffs-appellants for failure to timely perfect. Application by Mario Sferrazza pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his appeal.

Upon the papers filed in support of the motions and the application, the papers filed in opposition to the motion by the County of Suffolk and the application, and no papers having been filed in opposition or in relation to the motion by the Town of Brookhaven, it is

ORDERED that the branch of the motion of the County of Suffolk which is to dismiss the appeal by the plaintiffs-appellants and the motion of the Town of Brookhaven are granted, and the appeal by the plaintiffs-appellants from the order dated January 4, 2010, is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e][1]); and it is further,

ORDERED that the branch of the motion of the County of Suffolk which is to dismiss Mario Sferraza's appeal is denied; and it is further,

ORDERED that the application is granted and Mario Sferrazza's time to perfect his appeal from the order dated January 4, 2010, is enlarged until December 20, 2010, and the record or appendix on the appeal and Mario Sferrazza's brief must be served and filed on or before that date.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court