Appellate Division: Second Judicial Department

M214085

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-08452 Robert S. Thompson, appellant-respondent, v Rosalind Palazzlo, et al., respondents-appellants, et al., defendants. (Index No. 14543/13)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 29, 2015, in effect, to amend a notice of cross appeal dated July 29, 2015, to add Rosalind Palazzlo, Victo Santoro, Florine Haggerty, Suzanne Soss, Joseph Defilippo, and Gennaro Napolitano as appealing parties and to enlarge the time to perfect the appeal and cross appeal. Separate motion by the appellant-respondent, in effect, to hold the appeal and cross appeal in abeyance, pending determination by the Supreme Court, Suffolk County, of an application for counsel fees.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to amend the notice of appeal dated July 29, 2015, is denied on the ground that Rosalind Palazzlo, Victo Santoro, Florine Haggerty, Suzanne Soss, Joseph Defilippo, and Gennaro Napolitano are not aggrieved by the order dated May 29, 2015; and it is further,

ORDERED that on the Court's own motion, the cross appeal based upon the notice of cross appeal dated April 5, 2016, is dismissed insofar as taken by Rosalind Palazzo, Victo Santoro, Florine Haggerty, Suzanne Soss, Joseph Defilippo and Gennaro Napolitano (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and cross appeal is granted, the appellant-respondent's time to perfect the appeal is enlarged until August 29, 2016, and the joint record or appendix on appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant, Fairfield at St. James Condominium Section I shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the separate motion by the appellant-respondent is denied.

CHAMBERS, J.P., AUSTIN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court