Appellate Division: Second Judicial Department

M158535

E/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00016, 2013-00018, 2013-00019 Gary Cotugno, etc., appellant, v Anthony Bartkowski, etc., et al., respondents. (Appeal Nos. 1, 3) Gary Cotugno, etc., appellant, v Anthony Bartkowski, etc., et al., defendants; Certilman Balin Adler & Hyman, LLP, nonparty-respondent. (Appeal No. 2) (Index No. 12064/11)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Suffolk County, all dated October 5, 2012.

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

ORDERED that on the Court's own motion, the appeal under Appellate Division Docket No. 2013-00019, which, as limited by the notice of appeal, is from so much of the order as refers for oral argument the issue of whether interest should be awarded to the appellant on certain compensation, is dismissed, without costs or disbursements (see Katz v Katz, 68 AD2d 536, 544); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal under Appellate Division Docket No. 2013-00019 is denied as academic; and it is further,

ORDERED that the branches of the application which are to enlarge the time to perfect the appeals under Appellate Division Docket Nos. 2013-00016 and 2013-00018 are granted to the extent that the appellant's time to perfect those appeals is enlarged until August 19, 2013, and the record or appendix on those appeals and the appellant's brief must be served and filed on or before that date, and those branches of the application are otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court