Appellate Division: Second Judicial Department

M127814

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-00027, 2011-07086, 2011-07087 David Serraro, et al., respondents, v Nicholas Staropoli, appellant, et al., defendant. (Index No. 07-3241)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated April 15, 2011, and July 27, 2011, respectively, and an appeal from an order of the same court dated November 22, 2010, which was dismissed pursuant to 22 NYCRR 670.8(e) for failure to timely perfect by decision and order on motion of this Court dated July 29, 2011, to recall and vacate so much of the decision and order on motion dated July 29, 2011, as dismissed the appeal from the order dated November 22, 2010, to reinstate that appeal, to enlarge the time to perfect that appeal, and for leave to appeal to this Court from the order dated April 15, 2011. Separate motion by the appellant, in effect, to amend so much of a decision and order on motion of this Court dated September 1, 2011, as conditioned a stay of enforcement of a judgment of the Supreme Court, Westchester County, dated March 24, 2008, and the sale of the subject premises, upon the perfection of the appeals from the orders dated April 15, 2011, and July 27, 2011, on or before October 3, 2011.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated July 29, 2011, as dismissed the appeal from the order dated November 22, 2010, to reinstate that appeal, and to enlarge the time to perfect that appeal are granted, so much of the decision and order on motion dated July 29, 2011, as dismissed the appeal from the order dated November 22, 2010, is recalled and vacated, the appellant's time to perfect the appeal is enlarged until November 28, 2011, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that on the branch of the motion which is for leave to appeal to this Court from the order dated April 15, 2011, is denied as unnecessary as the order is appealable as of right; and it is further,

ORDERED that the motion, in effect, to amend so much of the decision and order on motion of this Court dated September 1, 2011, as conditioned a stay upon the perfection of the appeals from the orders dated April 15, 2011, and July 27, 2011, on or before October 3, 2011, is denied as academic as those appeals were timely perfected on October 3, 2011; and it is further,

ORDERED that on the Court's own motion, the appeals shall be calendared together and will be argued or submitted on the same day.

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court