Appellate Division: Second Judicial Department

M146787

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-06456 Johana J. (Anonymous), etc., et al., plaintiffs- appellants, v Carmelina Franco, et al., defendants- appellants, Kristin Marino, et al., respondents. (Action No. 1) Nesthaly T. (Anonymous), etc., appellant, v Carmelina Franco, et al., defendants. (Action No. 2) (Index Nos. 25466/09, 29921/09)

DECISION & ORDER ON MOTION

Separate applications by the plaintiffs-appellants, Johana J. and Edith Y., and the defendants-appellants, Kristin Marino and Stamina Heating and Cooling, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeals from an order of the Supreme Court, Suffolk County, dated May 14, 2012.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal by Nesthaly T. is dismissed, without costs or disbursements, on the ground that the appellant Nesthaly T. is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

ORDERED that the applications are granted and the applicants' time to perfect their appeals is enlarged until January 29, 2013, and the joint record or appendix on the appeals and the applicants' briefs must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court