| 34-35th Corp. v 1-10 Industry Associates, LLC |
| Motion No: 2006-00031 +1 |
| Slip Opinion No: 2006 NYSlipOp 75640(U) |
| Decided on September 14, 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
M44314
A/nl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2006-00031, 2006-03112
34-35th Corp., appellant, v 1-10 Industry Associates, LLC, respondent. (Index No. 17996/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent, on appeals from two orders of the Supreme Court, Kings County, dated November 1, 2005, and January 31, 2006, respectively, to dismiss the appeal from the order dated January 31, 2006 (Appellate Division Docket No. 2006-03112), on the ground that no appeal lies from an order denying reargument, to strike all material from the record on appeal which relates to the order dated January 31, 2006, to strike the appellant's brief, and to direct the appellant to file a new brief which does not refer to the motion for leave to reargue and the order dated January 31, 2006, and to enlarge the time to serve and file a brief, and cross motion by the appellant to enlarge the record on appeal to include the motion papers relating to the motion for leave to reargue.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 13, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the branches of the motion which are to dismiss the appeal from the order dated January 31, 2006, to strike all material from the record on appeal which relates to the motion for leave to reargue and the order dated January 31, 2006, to strike the appellant's brief and to direct the appellant to file a new brief which does not refer to the motion for leave to reargue and the order dated January 31, 2006, are held in abeyance, and are referred to the Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,
ORDERED that the cross motion is held in abeyance, and is referred to the Justices hearing the appeals for determination upon the argument or submission of the appeals.
ADAMS, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court