Appellate Division: Second Judicial Department

M145330

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2011-05920 Eastern Capital Group, LLC, respondent, v Skillman Estates, LLC, et al., appellants, et al., defendants. (Index No. 32174/08)

DECISION & ORDER ON MOTION

Motion by the appellant Moshe Laufer on appeals from an order of the Supreme Court, Kings County, dated April 13, 2011, inter alia, to dismiss the appeals by Skillman Estates, LLC, and Moses Rosner, and by John Matzner and Jane Matzner, also known as Izzy Matzner and Esther Matzner for failure to timely perfect, and to enlarge the movant's time to perfect his appeal. Cross motion by the respondent to dismiss the appeal by the appellant Moshe Laufer 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 branch of the motion which is to dismiss the appeals by Skillman Estates, LLC, and Moses Rosner, and by John Matzner and Jane Matzner, also known as Izzy Matzner and Esther Matzner, for failure to timely perfect are granted and those appeals are dismissed (see 22 NYCRR 670.8[e][1]), without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by the appellant Moshe Laufer is granted, the appellant Moshe Laufer's time to perfect his appeal is enlarged until November 19, 2012, and the record or appendix on the appeal and the appellant Moshe Laufer's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the cross motion is denied.

MASTRO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court