| Musick v 330 Wythe Avenue Associates, LLC |
| Motion No: 2005-08825 +1 |
| Slip Opinion No: 2006 NYSlipOp 69173(U) |
| Decided on May 24, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39544
S/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-08825, 2005-09902 Natalie Musick, respondent-appellant, v 330 Wythe Avenue Associates, LLC, appellant-respondent. (Index No. 42279/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 2, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by 330 Wythe Avenue Associates, LLC, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 5, 2005(Appellate Division Docket No. 2005-08825), and to enlarge the time to perfect that appeal and an appeal and cross appeal from an order of the same court dated September 14, 2005 (Appellate Division Docket No. 2005-09902).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal and cross appeal from the order dated July 5, 2005, are dismissed, without costs or disbursements, as that order is not appealable as of right and we decline to grant leave to appeal; and it is further,
ORDERED that the branch of the motion which to enlarge the time to perfect the appeal from the order dated September 14, 2005, is granted and the appellant-respondent's time to perfect the appeal is enlarged until July 3, 2006, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the
appeal from the order dated July 5, 2005, is denied as academic.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court