PRESENT: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 11-00666
DOCKET NO. CA 11-01260

LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT, V TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT FAIRWAYS LLC, AND MARK IV CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT, V TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT FAIRWAYS LLC, AND MARK IV CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellants having moved for leave to serve a late notice of appeal, pursuant to CPLR 5520 (a), from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 1, 2010 (Appeal No. 2), for an order supplementing the record, for an extension of time to perfect, and for an order vacating dismissal of the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 18, 2010 (Appeal No. 1),

Now, upon reading and filing the affirmation of Anthony J. Adams, Jr., Esq., dated June 29, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to serve a late notice of appeal in Appeal No. 2, pursuant to CPLR 5520 (a), is granted, and Appeal No. 2 is deemed timely taken, and

It is further ORDERED that the motion is otherwise dismissed with leave to renew upon filing and serving a new motion that includes, inter alia, a stipulation amending the record, or an order settling the record, to include the documents that are sought to be added to the record in Appeal Nos. 1 and 2 (see 22 NYCRR 1000.4 [a]).

Entered: July 21, 2011

Patricia L. Morgan, Clerk