PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-02542

MOSTAFA ZOLFAGHARI, PLAINTIFF-APPELLANT, V HUGHES NETWORK SYSTEMS, LLC, EXXON MOBIL CORPORATION, AND RTE A SETAUKET REALTY, DEFENDANTS-RESPONDENTS. HUGHES NETWORK SYSTEMS, LLC, THIRD-PARTY PLAINTIFF, V ATLANTA NETWORK SYSTEMS, INC., THIRD-PARTY DEFENDANT. EXXON MOBIL CORPORATION, THIRD-PARTY PLAINTIFF-APPELLANT, V ATLANTA NETWORK SYSTEMS, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Respondent RTE A Setauket Realty having moved and respondent Atlanta Network Systems, Inc. and respondent Hughes Network Systems, LLC, having cross-moved to dismiss the appeals taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 18, 2011, on the ground that appellants have failed to perfect timely their appeals,

Now, upon reading and filing the affirmation of Donald S. DiBendetto, Esq., dated December 2, 2011, the affidavit of David R. Adams, Esq., sworn to December 16, 2011, the notices of motion and cross motion with proof of service thereof, the affirmations of Erin K. Skuce, Esq., dated December 16, 2011, and December 20, 2011, and the affirmation of John M. Deitch, Esq., dated December 20, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are granted and the appeals are dismissed without further order unless the appeals are perfected on or before March 5, 2012.

Entered: January 4, 2012

Frances E. Cafarell, Clerk