Appellate Division: Second Judicial Department

M166785

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-06604 Nachama Hirsch, plaintiff-appellant-respondent, v Benjamin Hirsch, defendant-appellant-respondent, Hirsch Family Trust, et al., defendants-respondents- appellants; Robert J. Musso, nonparty-appellant- respondent. (Index No. 20231/97)

DECISION & ORDER ON MOTION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from a judgment of the Supreme Court, Kings County, dated April 30, 2013.

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 by Benjamin Hirsch is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

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

ORDERED that the time to perfect the appeals of the plaintiff-appellant-respondent and the nonparty-appellant-respondent is enlarged until February 10, 2014, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the brief(s) of the plaintiff-appellant-respondent and the nonparty-appellant-respondent must be served and filed on or before that date; and it is further,

ORDERED that the defendants-respondents-appellants shall serve and file their answering briefs, including the points of argument on the cross appeals, 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