Appellate Division: Second Judicial Department

M131919

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-05150 In the Matter of Diane Yatauro, et al., petitioners- respondents, v Edward P. Mangano, etc., et al., respondents-appellants; Louis Savinetti, nonparty- appellant. (Index No. 6898/11)

DECISION & ORDER ON MOTION

Appeal by Edward P. Mangano, Peter J. Schmitt, John J. Ciotti, Denise Ford, Francis X. Becker, Jr., Howard J. Kopel, Vincent T. Muscarella, Richard J. Nicolello, Norma L. Gonsalves, Joseph V. Belesi, Dennis Dunne, Sr., Rose Marie Walker, William J. Muller, the Nassau County Legislature, the County of Nassau, and Louis G. Savinetti, by permission, from an order of the Supreme Court, Nassau County, dated May 31, 2011. By decision and order on motion of this Court dated June 9, 2011, the branches of the appellants' motion which were for leave to appeal to this Court and, in effect, to stay enforcement of a temporary restraining order contained in the order dated May 31, 2011, pending hearing and determination of the appeal were granted. The appellants have not perfected the appeal.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]), and the stay granted by the decision and order on motion dated June 9, 2011, is vacated.

MASTRO, A.P.J., RIVERA, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court