Appellate Division: Second Judicial Department

M205779

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-07099 Susan Golden, plaintiff, v Summit at High Point Owners Association, Inc., et al., defendants third-party plaintiffs-appellants, et al., defendant; Excalibur Maintenance, Inc., third-party defendant- appellant, Complete Building Maintenance, third-party defendant-respondent, et al., third-party defendant. (Index No. 601436/13)

DECISION & ORDER ON MOTION

Application by the defendants third-party plaintiffs-appellants on appeals from an order of the Supreme Court, Nassau County, entered July 15, 2015, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal. Separate application by the third-party defendant-appellant for the same relief.

Upon the papers filed in support of the applications 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 the third-party defendant-appellant is dismissed, without costs or disbursements, on the ground that it is not aggrieved by the order entered July 15, 2015 (see CPLR 5511); and it is further,

ORDERED that the application by the defendants third-party plaintiffs-appellants is granted, the defendants third-party plaintiffs-appellants' time to perfect their appeal is enlarged until April 4, 2016, and the record or appendix on the appeal and the defendants third-party plaintiffs-appellants' brief must be served and filed on or before that date; and it is further,

 ORDERED that the application by the third-party defendant-appellant is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court