| Makan Land Development Three, LLC v Prokopov |
| Motion No: 2006-07654 +1 |
| Slip Opinion No: 2007 NYSlipOp 65537(U) |
| Decided on March 20, 2007 |
| 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
M52346
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2006-07654, 2006-08917 Makan Land Development Three, LLC, respondent, v Georgine Prokopov, etc., defendant; Joseph J. Haspel, nonparty-appellant. (Index No. 05-556)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Orange County, dated July 10, 2006 (Appellate Division Docket No. 2006-07654), and an amended order of the same court dated August 11, 2006 (Appellate Division Docket No. 2006-08917), respectively, to dismiss the appeal from the order dated July 10, 2006, on the ground that the appellant failed to timely perfect the same in accordance with the rules of the court. Cross motion by the appellant to consolidate the appeals and to enlarge the time to perfect the appeal from the order dated July 10, 2006. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the amended order dated August 11, 2006.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is
ORDERED that on the court's own motion, the appeal from the amended order dated August 11, 2006 (Appellate Division Docket No. 2006-08917), is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by the amended order; and it is further,
ORDERED that the branch of the cross motion which is to consolidate the appeals and the application are denied as academic; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal from the order dated July 10, 2006 (Appellate Division Docket No. 2006-07654), is granted, the appellant's time to perfect the appeal from the order dated July 10, 2006, is enlarged until April 20, 2007, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is denied.
CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court