Appellate Division: Second Judicial Department

M128030

S/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-01163 Edward Nusblatt, et al., respondents-appellants, v County of Nassau, et al., respondents, Long Island Water Corporation, et al., appellants-respondents. (Index No. 09-21349)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated December 20, 2010, in effect, to allow the appellants-respondents to file a joint appendix without the consent of the respondents-appellants, to direct that the cost of the joint record or joint appendix be shared equally between the appellants-respondents and the respondents-appellants, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is, in effect, to allow the appellants-respondents to file a joint appendix without the consent of the respondents-appellants is denied; and it is further,

ORDERED that the branch of the motion which is to direct that the cost of the joint record or joint appendix be shared equally between the appellants-respondents and the respondents-appellants is denied as unnecessary (see 22 NYCRR 670.8[c][1]); and is it 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 December 5, 2011, and the joint record on the appeal 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 the 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]).

DILLON, J.P., ENG, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court