Hatzioannides v City of New York
Motion No: 2005-10309
Slip Opinion No: 2006 NYSlipOp 72301(U)
Decided on July 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42289

C/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2005-10309

Anastasios Hatzioannides, et al., plaintiffs-respondents,

v City of New York, et al., defendants-respondents,

H.H.M. Associates, et al., appellants.

(Action No. 1)

(Index No. 673/02)

Lochan Jaikaran, et al., plaintiffs-respondents,

v H.H.M. Associates, Inc., et al., appellants, City

of New York et al., defendants-respondents.

(Action No. 2)

(Index No. 24291/03)

DECISION & ORDER ON MOTION

Motion by the appellant C.A.C. Industries, Inc., to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 29, 2005. Separate application by the appellant H.H.M. Associates, Inc., for the same relief. Cross motions by the plaintiffs-respondents John Tsiakos, Bessie Tsiakos, Anastasios Roumeliotis, Penelope Roumeliotis, Panagiotis Treskas, Omorfoula Treskas, Costas Lascarides, Irene Lascarides, Panagiotis Lascarides, Elvira Lascarides, Demetrios Kekos, Fotini Kekos, and Antonia Vasilakos, and the defendants-respondents City of New York and New York City Municipal Water Finance Authority to recall and vacate an order on application of this court dated June 5, 2006, which granted the appellants' applications pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their respective appeals, and to dismiss the appeals for failure to timely perfect.

Upon the papers filed in support of the motion, application, and cross motions, and the papers filed in opposition or relation thereto, it is

ORDERED that the motion and the application to enlarge the time to perfect the appeals are granted; the appellants' time to perfect their respective appeals is enlarged until August 7, 2006, and the record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the cross motions are denied.

SCHMIDT, J.P., ADAMS, KRAUSMAN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court