Appellate Division: Second Judicial Department

M147516

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

SYLVIA HINDS-RADIX, JJ.

2012-01502, 2012-01503 Strategic Business Edge, Inc., etc., respondent, v La Traviata, Inc., et al., appellants. (Index No. 09-14384)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, dated May 31, 2011, and November 4, 2011, respectively, to dismiss the appeal from the order dated May 31, 2011, as untimely taken, and to enlarge the time to serve and file a brief on the appeal from the order dated November 4, 2011.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 31, 2011 (Appellate Division Docket No. 2012-01502), as untimely taken is granted, and that appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the record on appeal and the appellants' brief are stricken, and on or before January 3, 2013, the appellants shall file a replacement record containing only the papers which were filed with the Supreme Court, Westchester County, in connection with the motion that was determined by the order dated November 4, 2011, and a brief that raises issues concerning only that order; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 4, 2013, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court