Appellate Division: Second Judicial Department

M124942

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-00923 Robert Masucci, et al., appellants-respondents, v Robert A. DeLuca, et al., respondents-appellants. (Index No. 103065/07)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on appeal and cross appeal from an order of the Supreme Court, Richmond County, dated December 22, 2010, to dismiss the cross appeal on the ground that it has been rendered academic, and to enlarge their time to perfect the appeal.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the cross appeal is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants-respondents' time to perfect the appeal is enlarged until September 26, 2011, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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 brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court