Opinion
Motion No: 2012-07957 2013-00907 2013-00672 Index No. 30107/08 M153329
03-27-2013
Oleg Treile, respondent-appellant, v. Brooklyn Tillary, LLC, et al., appellants- respondents, Anco Steel Corp., et al., respondents.
, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Oleg Treile on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 28, 2012, and appeals from two orders of the same court dated October 12, 2012, and November 14, 2012, respectively, to consolidate his appeals, and to enlarge the time to perfect his appeal from the order dated June 28, 2012.
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 by Brooklyn Tillary, LLC, and Leviathan Construction Company Management Services LLC, from the order dated June 28, 2012 (Appellate Division Docket No. 2012-07957), is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that on the Court's own motion, the appeal from the order dated November 14, 2012 (Appellate Division Docket No. 2013-00672), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals by Oleg Treile from the orders dated June 28, 2012, and October 12, 2012, as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]) and denied as academic with respect to the appeal from the order dated November 14, 2012; and it is further,
ORDERED that the branch of the motion which is to enlarge Oleg Treile's time to perfect his appeal from the order dated June 28, 2012, is granted, and Oleg Treile's time to perfect that appeal is enlarged until May 28, 2013, and the record or appendix and Oleg Treile's brief must be served and filed on or before that date.
SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court