Opinion
Motion No: 2010-10505 Index No. 9909-08 M124272
08-16-2011
Douglas Stein, et al., respondents-appellants, v. Ted Doukas, et al., appellants-respondents, All Island Abstract, Ltd., et al., respondents.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by Ted Doukas and TelCor Co. to recall and vacate so much of a decision and order on motion of this Court dated May 3, 2011, as dismissed their appeal from an order of the Supreme Court, Suffolk County, dated August 31, 2010, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect their appeal. Separate motion by Jay Realty Enterprises, Inc., to enlarge the time to perfect its appeal. Application by the respondents-appellants to enlarge the time to perfect their cross appeal in the event that the appellants-respondents do not perfect their appeals.
Upon the papers filed in support of the motions and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted, so much of the decision and order on motion of this Court dated May 3, 2011, as dismissed the appeal by Ted Doukas and Telcor Co., LLC, from the order dated August 31, 2010, for failure to timely perfect, is recalled and vacated, the time to perfect the appeals is enlarged until September 30, 2011, and the joint record on appeal and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the application is denied as premature, and the respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).
DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court