People v. Fed'n of Multicultural Programs, Inc.

Full title: THE PEOPLE OF THE STATE OF NEW YORK, by ERIC T. SCHNEIDERMAN, Attorney…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Oct 13, 2017

2017 N.Y. Slip Op. 89864 (N.Y. App. Div. 2017)

Opinion

Motion No: 522573

10-13-2017

THE PEOPLE OF THE STATE OF NEW YORK, by ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, Respondent, v. FEDERATION OF MULTICULTURAL PROGRAMS, INC., Appellant.

Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeals, to vacate decision and order of this Court decided and entered December 22, 2016 and for further relief.

Cross motion to dismiss appeals as moot, for failure of prosecution or for extension of time to file and serve brief of respondent and for further relief.

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

ORDERED that the motion to vacate and for further relief is denied, without costs, and it is further

ORDERED that the motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect the appeals is extended to November 27, 2017. It is noted that no further extensions of time to perfect the appeals will be granted absent an unanticipated and extraordinary excuse for the delay. Appellant shall move in the court of original instance, on or before November 2, 2017, to settle the record on appeal. It is further

ORDERED that the cross motion to dismiss the appeals as moot is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeals, and it is further

ORDERED that the appeals are dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before November 27, 2017, in which event the cross motion to dismiss the appeals for failure of prosecution is denied, and it is further

ORDERED that the cross motion for an extension of time to file and serve the brief of respondent and for further relief is granted, without costs, only to the extent that the time to file and serve the brief of respondent is extended to 45 days from the date the appeals are perfected.

Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court