Appellate Division: Second Judicial Department

M121920

E/sl

WILLIAM F. MASTRO, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-11748, 2011-05519 Nassau County Consolidated MTBE Products Liability Litigation. West Hempstead Water District, appellant- respondent; Buckeye Pipeline Company, L.P., et al., respondents-appellants, Colonial Pipeline, et al., respondents. (Index No. 601516/09)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered November 5, 2010, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered March 9, 2011, and 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 on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect is granted, the appellant-respondent's time to perfect the appeals is enlarged until August 22, 2011, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court