Appellate Division: Second Judicial Department

M173085

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2013-06601 Nachama Hirsch, plaintiff-appellant, v Benjamin Hirsch, et al., respondents; Robert J. Musso, nonparty-appellant. (Index No. 20231/97)

DECISION & ORDER ON MOTION

2013-06604

Nachama Hirsch, plaintiff-appellant-respondent,

v Benjamin Hirsch, respondent, Hirsch Family

Trust, et al., respondents-appellants; Robert J.

Musso, nonparty-appellant-respondent.

(Index No. 20231/97)

Motion by Robert J. Musso and Nachama Hirsch to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect January 2014 Calendar," dated February 11, 2014, as dismissed an appeal from a decision of the Supreme Court, Kings County, dated February 1, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and to consolidate that appeal with an appeal and cross appeals from a judgment of the same court dated April 30, 2013. Separate motion by Robert J. Musso and Nachama Hirsch to enlarge the time to perfect the appeals from the judgment dated April 30, 2013, for leave to omit the trial transcript and trial exhibits from the record on the appeals and cross appeals from the judgment dated April 30, 2013, and to dismiss the cross appeals for failure to timely perfect.

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

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated February 11, 2014, as dismissed the appeal from the decision dated February 1, 2013, is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the judgment dated April 30, 2013, is granted, the time to perfect the appeals is enlarged until July 14, 2014, and the joint record or appendix on the appeals and cross 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 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]); and it is further,

ORDERED that the branch of the motion which is for leave to omit the trial exhibits from the record on the appeals and cross appeals from the judgment dated April 30, 2013, is denied without prejudice to stipulating to limit the record (see 22 NYCRR 670.10.2[b][6]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court