Hameed v 41-50 78th Street Corp.
Motion No: 2005-01338 +4
Slip Opinion No: 2006 NYSlipOp 73255(U)
Decided on August 3, 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

M42921

T/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-01338, 2005-10971

Imran Hameed, etc., appellant,

v 41-50 78th Street Corp., et al., respondents.

(Action No. 1)

(Index No. 19357/03)

2005-01350, 2006-06048

Hameed & Safder Co-Owners, Inc., et al., appellants,

v 41-50 78th Street Corp., et al., respondents.

(Action No. 2)

(Index No. 29736/03)

2006-04380

Imran Hameed, etc., et al., appellants,

v Lorri Aldana, et al., respondents.

(Action No. 3)

(Index No. 20120/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, both dated January 18, 2005 (Appellate Division Docket Nos. 2005-01338 and 2005-01350), two orders of the same court both dated October 18, 2005 (Appellate Division Docket Nos. 2005-10971 and 2006-06048), and an order of the same court dated March 29, 2006 (Appellate Division Docket No. 2006-04380), and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the two orders dated January 18, 2005 (Appellate Division Docket Nos. 2005-01338 and 2005-01350), and the two orders dated October 18, 2005 (Appellate Division Docket Nos. 2005-10971 and 2006-06048), is denied; and it is further,

ORDERED that on the court's own motion, the appeals from the two orders dated January 18, 2005 (Appellate Division Docket Nos. 2005-01338 and 2005-01350), and the two orders dated October 18, 2005 (Appellate Division Docket Nos. 2005-10971 and 2006-06048), are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); 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 March 29, 2006 (Appellate Division Docket No. 2006-04380), is denied as premature; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic in light of our determination.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court