Opinion
Motion No: 2011-02856 2011-09953 Index No. 600057/08 M134355
03-07-2012
Burgers Bar Five Towns, LLC, respondent- appellant, v. Burger Holdings Corp., et al., appellants-respondents.
, J.P.
RANDALL T. ENG
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants-respondents on appeals and cross appeals from an interlocutory judgment of the Supreme Court, Nassau County, dated April 5, 2011, and a judgment of the same court entered July 20, 2011, to enlarge the time to perfect the appeal from the interlocutory judgment, to dismiss the cross appeal from the interlocutory judgment as untimely taken, and to direct the respondent-appellant to pay one-half of the cost of the trial transcript, hearing transcript, and joint appendix.
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 appeal and cross appeal from the interlocutory judgment dated April 5, 2011 (Appellate Division Docket No. 2011-02856), are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the action; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the interlocutory judgment and to dismiss the cross appeal from the interlocutory judgment as untimely taken are denied as academic; and it is further,
ORDERED that the branch of the motion which is to direct the respondent-appellant to pay one-half of the cost of the trial transcript, hearing transcript, and joint appendix is granted to the extent that the parties shall share the costs associated with the transcripts and joint appendix in accordance with the rules of the Court (see 22 NYCRR 670.8[c][1]), and that branch of the motion is otherwise denied.
SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court