M & F E C Corp. v. M & R Brighton Land Corp.

Full title: M & F E C Corp., Respondent, v. M & R Brighton Land Corp., Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Dec 7, 2016

2016 N.Y. Slip Op. 94675 (N.Y. App. Term 2016)

Opinion

Motion No: 2016-01795 KC

12-07-2016

M & F E C Corp., Respondent, v. M & R Brighton Land Corp., Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered January 25, 2016, for failure to prosecute. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,

ORDERED that respondent's motion is denied and appellant shall perfect the appeal by February 3, 2017; and it is further,

ORDERED that in the event appellant has not perfected the appeal on or before February 3, 2017, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice.

ENTER:

Paul Kenny

Chief Clerk