Appellate Division: Second Judicial Department

M111210

J/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-02477 Thomas Testa, respondent, v Lawrence C. Rywalt, et al., defendants third-party plaintiffs-respondents-appellants, Eric P. Ripps, et al., defendants third-party defendants- appellants-respondents; Rockville Centre Pizzeria Corporation, etc., third-party defendant-respondent. (Index No. 12376/08)

DECISION & ORDER ON APPLICATION

Application by the Eric P. Ripps and Geoffrey V. Ripps pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Queens County, entered February 4, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appeal by Eric P. Ripps and Geoffrey V. Ripps is dismissed, without costs or disbursements, on the ground that they are not aggrieved by the order entered February 4, 2010, which granted their motion to dismiss the third-party complaint (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic; and it is further,

ORDERED that the time of Lawrence C. Rywalt and Passionist Monastery of the Immaculate Conception, Inc., to perfect the appeal is enlarged until December 30, 2010, and the record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the brief of Lawrence C. Rywalt and Passionist Monastery of the Immaculate Conception, Inc., must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court