Appellate Division: Second Judicial Department

M122021

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-01786, 2010-02823, 2010-02824, 2010-02827 Xentaur Corporation, appellant-respondent, v Bedros Bedrossian, respondent-appellant. (Action No. 1) Xentaur Corporation, appellant-respondent, v Bedros Bedrossian, respondent-appellant. (Action No. 2) Bedros Bedrossian, et al., respondents-appellants, v Xentaur Corporation, appellant-respondent, Cosa Instrument Corporation, et al., respondents. (Action No. 3) (Index Nos. 23403-06, 5542-08, 11017-08)

DECISION & ORDER ON MOTION

Motion by Xentaur Corporation, Cosa Instrument Corporation, and Christoph M. Mueller on appeals and cross appeals from a judgment of the Supreme Court, Suffolk County, dated January 14, 2010, and a supplemental judgment of the same court dated January 20, 2010, and appeals from an order of the same court entered May 29, 2008, and an interlocutory judgment of the same court dated October 16, 2008, to allow the joint appendix filed with respect to the perfected appeals from the order, judgment, and interlocutory judgment and cross appeal from the supplemental judgment to also serve as the appendix for its appeal from the judgment, for leave to file a replacement brief raising issues with respect to the judgment, for leave to file a supplemental joint appendix containing its notice of appeal for the judgment, and to direct that all these filings, the brief responsive to its brief and its reply brief, if any, be made under seal. Cross motion by Bedros Bedrossian and Aghavni Omer to dismiss the appeal by Xentaur Corporation, Cosa Instrument Corporation, and Christoph M. Mueller from the judgment dated January 14, 2010, as untimely taken.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the appeal by Bedros Bedrossian and Aghavni Omer from the judgment dated January 14, 2010 is deemed a cross appeal from that judgment, the joint appendix is also deemed to be an appendix for the appeal by Xentaur Corporation, Cosa Instrument Corporation, and Christoph M. Mueller from the judgment dated January 14, 2010, the briefs are stricken, and on or before July 28, 2011, Xentaur Corporation, Cosa Instrument Corporation, and Christoph M. Mueller shall serve and file a supplemental joint appendix containing its notice of appeal from the judgment dated January 14, 2010, and serve and file a replacement brief also raising issues regarding the judgment dated January 14, 2010; and it is further,

ORDERED that Bedros Bedrossian and Aghavni Omer shall serve and file a replacement brief, including the points of argument on the cross appeals, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court