Appellate Division: Second Judicial Department

M154832

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-10603, 2013-04240 Law Offices of Ira H. Leibowitz, et al., respondents-appellants, v Landmark Ventures, Inc., appellant-respondent. (Index No. 32984/11)

DECISION & ORDER ON MOTION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated October 1, 2012, and a judgment of the same court entered October 18, 2012, and cross application by the respondent-appellant for the same relief.

Upon the papers filed in support of the application and the cross application and the papers filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the plaintiffs' notice of cross appeal from the order dated October 1, 2012, is deemed to be a notice of appeal from the judgment entered October 18, 2012 (see CPLR 5512); and it is further,

ORDERED that on the Court's own motion, the defendant's appeal from the order is dismissed, without costs or disbursements, (see Matter of Aho, 39 NY2d 241, 248), and it is further,

ORDERED that the application and cross application are granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal from the judgment is enlarged until June 24, 2013, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court