Appellate Division: Second Judicial Department

M140132

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-06772, 2011-06773 United International Bank, respondent, v Jamesport Development, LLC, et al., appellants, Nicholas L. Yannello, et al., defendants. (Index No. 7854-10)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated December 15, 2010, and March 3, 2011, respectively. Cross motion by the respondent to dismiss the appeal from the order dated December 15, 2010, as untimely taken and to dismiss the appeal from the order dated March 3, 2011, on the ground that no appeal lies from an order denying reargument, and to dismiss both appeals for failure to timely perfect.

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

ORDERED that the motion is granted, the appellants' time to perfect the appeals is enlarged until September 4, 2012, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the cross motion is granted to the extent that the appeal from so much of the order dated March 3, 2011, as denied reargument is dismissed, without costs or disbursements, and the cross motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court