Appellate Division: Second Judicial Department

M234010

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2016-05873 Jim Benjamin, et al., appellants-respondents, v Moussa Yeroushalmi, et al., respondents- appellants, David Pour, et al., respondents. (Index No. 3563/14)

DECISION & ORDER ON MOTION

Motion by Jim Benjamin and Behrouz Benyaminpour, in effect, to recall and vacate a decision and order on motion of this Court dated June 16, 2017, which, inter alia, dismissed their appeal from an order of the Supreme Court, Nassau County, dated May 3, 2016, and for leave to reargue their prior motion to enlarge the time to perfect their appeal.

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 the motion is granted, the decision and order on motion of this Court dated June 16, 2017, is recalled and vacated, upon reargument, the prior motion to enlarge the time to perfect the appeal by Jim Benjamin and Behrouz Benyaminpour is granted, the time for Jim Benjamin and Behrouz Benyaminpour to perfect their appeal is enlarged until July 17, 2017, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the brief of Jim Benjamin and Behrouz Benyaminpour shall be served and filed on or before that date; and it is further,

ORDERED that Moussa Yeroushalmi and Farzaneh Yeroushalmi shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENG, P.J., LEVENTHAL, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court