Rosen v Rosen
Motion No: 2010-05324
Slip Opinion No: 2010 NY Slip Op 88626(U)
Decided on November 22, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M111026

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-05324

Michael Rosen, etc., et al., plaintiffs-respondents,

v Dovid Rosen, defendant-respondent, Enterprise

Leasing Company, et al., appellants.

(Index No. 1219/08)

DECISION & ORDER ON MOTION

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 16, 2010, without prejudice to reinstating the appeal in the event that the proposed settlement does not receive judicial approval or is rejected, or, in the alternative, to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to withdraw the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until January 14, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court