Appellate Division: Second Judicial Department

M181157

E/sl

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

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

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 30, 2013, in effect, for leave to settle the transcripts on stipulation without the participation of the plaintiff, and, in effect, for leave to omit certain exhibits from the record.

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

ORDERED that on the Court's own motion, the appeal by the plaintiff-appellant is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the nonparty-appellant's appeal is granted, the nonparty-appellant's time to perfect the appeal is enlarged until November 13, 2014, and the record or appendix on the appeal and the nonparty-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to settle the transcripts on stipulation without the participation of the plaintiff is denied without prejudice to settling the transcripts pursuant to CPLR 5525(c); and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to omit certain exhibits from the record is denied without prejudice to filing a stipulation which complies with 22 NYCRR 670.10.2(b)(6).

CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court