Appellate Division: Second Judicial Department

M115389

E/sl

JOSEPH COVELLO, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2010-04267 Jordan Bernstein, et al., respondents, v Randee Wysoki, et al., appellants, et al., defendants. (Index No. 20686/07)

DECISION AND ORDER ON MOTION

Motion by Sports and Arts Center at Island Lake, incorrectly sued herein as Camp Island Lake, and Jill Tschinkel on appeals from an order of the Supreme Court, Nassau County, dated March 3, 2010, to enlarge the time to perfect their appeal. The appellant Randee Wysoki's time to perfect the appeal expired January 12, 2011.

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 on the Court's own motion, the appeal by Randee Wysoki is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court; and it is further,

ORDERED that the motion is granted, the time of Sports and Arts Center at Island Lake, incorrectly sued herein as Camp Island Lake, and Jill Tschinkel to perfect their appeal is enlarged until May 2, 2011, and the record or appendix on the appeal and the brief of those appellants must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

COVELLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court