Appellate Division: Second Judicial Department

M119409

T/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2010-10153, 2011-01112 Glenn Trincone, respondent-appellant, v Incorporated Village of Freeport, et al., appellants-respondents. (Appeal No. 1) Glenn Trincone, appellant, v Incorporated Village of Freeport, et al., respondents. (Appeal No. 2) (Index No. 15424/07)

DECISION & ORDER ON MOTION

Application by Glenn Trincone on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated August 6, 2010, and an appeal from an order of the same court dated December 9, 2010, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his appeals.

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 on the Court's own motion, the appeal by the Incorporated Village of Freeport, the Incorporated Village of Freeport Department of Buildings, Ed Haggerty, and Does 1 to 10, from the order dated August 6, 2010, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal of Glenn Trincone from the order dated August 6, 2010, is granted, and the time to perfect the appeal is enlarged until June 13, 2011, and the record or appendix on the appeal and the brief of Glenn Trincone must be served and filed on or before that date;

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal of Glenn Trincone from the order dated December 9, 2010, is denied as premature.

DILLON, J.P., BALKIN, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court