Opinion
Motion No: 2011-08718 2012-02982 2012-02984 Index No. 31518/10 M142455
08-20-2012
SNC Properties, LLC, respondent, v. Frank Demartino, et al., appellants.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants to enlarge the time to perfect appeals from three orders of the Supreme Court, Queens County, entered April 19, 2011, June 30, 2011, and August 18, 2011. Cross motion by the respondent to dismiss the appeal from the order entered April 19, 2011, as untimely taken, and to dismiss the appeal from the order entered June 30, 2011, for failure to timely perfect.
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 branch of the cross motion which is to dismiss the appeal from the order entered April 19, 2011 (Appellate Division Docket No. 2012-02984), is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated May 31, 2012, as held in abeyance and referred to the panel of Justices hearing the appeals that branch of the respondent's prior motion which was to dismiss the appeal from the order entered April 19, 2011, is recalled and vacated, and that branch of the respondent's prior motion is denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered April 19, 2011, is denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders entered June 30, 2011, and August 18, 2011, is granted, the appellants' time to perfect those appeals is enlarged until September 21, 2012, and the record or appendix on the appeals 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 with respect to the appeal from the order entered June 30, 2011.
DICKERSON, J.P., CHAMBERS, HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court