Appellate Division: Second Judicial Department

M212808

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2015-10841 In the Matter of William Imandt, et al., respondents-appellants, v New York State Unified Court System, et al., appellants- respondents. (Index No. 1762/15)

DECISION & ORDER ON MOTION

Appeal by New York State Unified Court System and A. Gail Prudenti, and cross appeal by William Imandt, Peter A. Paciulo, and David M. Cook from an order of the Supreme Court, Nassau County, dated August 31, 2015. By order to show cause dated March 18, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal in the above-entitled proceeding on the ground that the order dated August 31, 2015, was not appealable as of right and leave to appeal had not been granted. Motion by New York State Unified Court System and A. Gail Prudenti to deem their notice of appeal to be an application for leave to appeal from the order dated August 31, 2015, and to grant leave to appeal to this Court from the order dated August 31, 2015, and to enlarge the time to perfect their appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by New York State Unified Court System and A. Gail Prudenti and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by New York State Unified Court System and A. Gail Prudenti, is granted, the notice of appeal is deemed to be an application for leave to appeal from the order dated August 31, 2015, leave to appeal to this Court from that order is granted, the time to perfect the appeal is enlarged until August 8, 2016, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the notice of cross appeal is deemed to be an application for leave to cross appeal from the order dated August 31, 2015, and leave to cross appeal to this Court from that order is granted; and it is further,

ORDERED that William Imandt, Peter A. Paciulo, and David M. Cook shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court