Appellate Division: Second Judicial Department

M129685

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-03281 Anthony Alizio, respondent-appellant, v Peter Robert Perpignano, et al., respondents-appellants, et al., defendants. (Action No. 1) P.J. Alizio Realty, Inc., plaintiff, v Lillian Eisenberg, etc., et al., respondents-appellants, Joseph Alizio, appellant-respondent. (Action No. 2) (Index Nos. 19181/03, 312/04)

DECISION & ORDER ON MOTION

Motion by Joseph Alizio on appeals and cross appeals from an order of the Supreme Court, Nassau County, dated February 14, 2011, to assign a separate Appellate Division Docket Number to the appeal and cross appeal from so much of the order as determined the motions made in Action No. 2. Application by Lillian Eisenberg pursuant to 22 NYCRR 670.8(d)(2), inter alia, to enlarge the time to perfect her appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied in light of our determination of the motion; and it is further,

ORDERED that on the Court's own motion, the briefs previously filed by the parties are stricken, and on or before January 31, 2012, Joseph Alizio shall serve and file a supplemental joint appendix containing the papers concerning the motions made in Action No. 2 that were determined in the order dated February 14, 2011, and a brief containing all of the arguments on his appeal from the order with respect to both Actions; and it is further,

ORDERED that on or before March 1, 2012, respondent-appellant Anthony Alizio shall serve and file a brief, if any, containing his arguments on his appeal and responding to the arguments raised by Joseph Alizio; and it is further,

ORDERED that on or before April 2, 2012, the remaining respondents-appellants shall serve and file briefs, if any, containing their arguments on the appeal with respect to both Actions and responding to the arguments raised by the other parties; and it is further,

ORDERED that on or before May 2, 2012, Joseph Alizio shall serve and file a reply brief, if any; and it is further,

ORDERED that on or before May 17, 2012, Anthony Alizio shall serve and file a reply brief, if any; and it is further,

ORDERED that on or before June 1, 2012, the respondents-appellants shall serve and file a reply brief, if any.

SKELOS, J.P., ENG, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court