Appellate Division: Second Judicial Department

M141762

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-03512, 2011-03513, 2011-03514 Cherubin Antiques, Inc., plaintiff, Lenore Malvasio, et al., appellants, v Mark Matiash, etc., et al., defendants-respondents; Paul T. Vink, etc., nonparty-respondent. (Index No. 2022/10)

DECISION & ORDER ON MOTION

Motion by the appellant Kathleen Calabretta to withdraw appeals from two orders of the Supreme Court, Nassau County, both dated February 18, 2011, and an order of the same court dated March 4, 2011, insofar as taken against the Jaime Ezratty and Ezratty & Levine, LLP, and to enlarge her time to serve and file a replacement brief. Cross motion by the respondent Mark Matiash, inter alia, to dismiss the appeal from the order dated March 4, 2011, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).

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; and it is further,

ORDERED that the appeals insofar as taken against Jaime Ezratty and Ezratty & Levine, LLP, are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the appellant Kathleen Calabretta's time to serve and file a replacement brief is enlarged until September 10, 2012; and it is further,

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

ORDERED that the cross motion is denied.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court