Appellate Division: Second Judicial Department

M110949

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

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)

DECISION & ORDER ON MOTION

Motion by Xentaur Corporation, Cosa Instrument Corporation, and Christopher Mueller on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, dated January 20, 2010 (Appellate Division Docket No. 2010-01786), and appeals from a judgment of the same court 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), to enlarge the time to perfect the appeal by Xentaur Corporation from the judgment dated January 20, 2010, and to seal the record. Cross motion by Bedros Bedrossian and Aghavni Omer to vacate a stay of enforcement of the judgment dated January 20, 2010.

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

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

ORDERED that the joint record or appendix on the appeals and the parties' briefs will be filed under seal and shall remain sealed upon filing; 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 December 30, 2010, and the joint record or appendix (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 February 3, 2011, and it is further,

ORDERED that the cross motion is denied.

FLORIO, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court