Appellate Division: Second Judicial Department

M39449

C/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-02096 Yelena Medvedev, appellant, v 350 Park Investors Corporation, et al., respondents, et al., defendant. (Index No. 11908/03)

DECISION & ORDER ON MOTION

Motion by the respondent Initial Contract Services, Inc., to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 22, 2005, insofar as against it on the ground that the appeal was untimely taken. Separate motion by the respondent Insignia/ESG, Inc., for the same relief. Separate motion by the respondents 350 Park Investors Corporation and Fosterlane Management Corporation for the same relief, and to dismiss the appeal as against the respondent Fosterlane Management Corporation on the ground that there is a stipulation of discontinuance of the action as against it.

ORDERED that the motion by the respondent Initial Contract Services, Inc., is granted, and the appeal as against that respondent is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the branch of the motion by the respondents 350 Park Investors Corporation and Fosterlane Management Corporation which is to dismiss the appeal as against the respondent Fosterlane Management Corporation based on the stipulation of discontinuance is granted, and the appeal as against Fosterlane Management Corporation is dismissed, without costs or disbursements, and that motion is otherwise denied (see Maddox v City of New York, 104 AD2d 430); and it is further,

ORDERED that the motion by the respondent Insignia/ESG, Inc., is denied (see Maddox v City of New York, supra).

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court