Appellate Division: Second Judicial Department

M224634

E/sl

JEFFREY A. COHEN, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-02416 People of State of New York, respondent, v Mordechai Klein, et al., appellants. (Index No. 2941/14)

DECISION & ORDER ON MOTION

Motion by appellant Steven Smyth, to enlarge the time to perfect his appeal from an order of the Supreme Court, Suffolk County, dated March 3, 2016.

Upon the papers filed in support of the motion 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 appellant Mordechai Klein, the appellants Norman Rausman, Martin Rausman, Henry Rausman, Michael Rausman, Estate of Mendel Aschkenazi, Nursing Care Center at Medford, Inc., doing business as Medford Multicare Center for Living, Inc., and Medford Multicare Management, LLC, the appellant David Fielding, and the appellants Estate of Abraham Klein and Klein Family Foundation are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is granted, Steven Smyth's time to perfect his appeal is enlarged until February 16, 2017, and the record or appendix and Steven Smyth's brief must be served and filed on or before that date.

COHEN, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court