Appellate Division: Second Judicial Department

M182356

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-03709 J. Leonard Spodek, also known as Leonard Spodek, et al., plaintiffs-appellants, et al., plaintiff, v Charles Neiss, etc., et al., defendants- appellants, Moses Fried, et al., defendants- respondents. (Index No. 32644/96)

DECISION ORDER ON MOTION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered February 5, 2014.

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 appeals by the appellants Irving Spodek, J. Leonard Spodek, Moses Fried and Bernice Fried are dismissed, without costs or disbursements, for failure to perfect their appeals in accordance with the rules (see 22 NYCRR 670.8[e]), and prior order of this Court; and it is further,

ORDERED that the application is granted to the extent that the remaining appellants' time to perfect their appeal is enlarged, and the appendix and brief submitted to the Clerk of this Court is accepted for filing and deemed timely served, and the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court