Gihon, LLC v. 501 Second St. LLC

Full title: Gihon, LLC, respondent, v. 501 Second Street, LLC, et al., appellants…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 18, 2011

2011 N.Y. Slip Op. 86931 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-11849 2011-00323 Index No. 13933/04 M127420

10-18-2011

Gihon, LLC, respondent, v. 501 Second Street, LLC, et al., appellants; Norma Vigo, intervenor.

PETER B. SKELOS

, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, both dated November 4, 2010, for leave to cite to the record of an appeal docketed under Appellate Division Docket No. 2011-01425 in the briefs filed in connection with the appeal docketed under Appellate Division Docket No. 2010-11849, and to "confirm" that Norma Vigo is not a respondent on the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal docketed under Appellate Division Docket No. 2010-11849 is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered January 3, 2011 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal docketed under Appellate Division Docket No. 2010-11849, for leave to cite to the record of the appeal docketed under Appellate Division Docket No. 2011-01425, and to confirm that Norma Vigo is not a respondent on that appeal, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal docketed under Appellate Division Docket No. 2011-00323 is granted, the appellants' time to perfect that appeal is enlarged until December 6, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to "confirm" that Norma Vigo is not a respondent on the appeal under Appellate Division Docket No. 2011-00323 is granted.

SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court