| Simmons v Mansion Homes, Inc. |
| Motion No: 2006-04360 |
| Slip Opinion No: 2007 NYSlipOp 73072(U) |
| Decided on July 5, 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
M56764
J/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2006-04360, 2006-10305 David Simmons, appellant, v Mansion Homes, Inc., et al., respondents. (Index No. 7576/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay demolition or alteration of the subject premises pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated March 23, 2006, and September 21, 2006, respectively. Separate motion by the respondents to enlarge the time to serve and file a brief on the appeal from the order dated March 23, 2006 (Appellate Division Docket No. 2006-04360). Application by the appellant to enlarge the time to perfect the appeal from the order dated September 21, 2006 (Appellate Division Docket No. 2006-10305).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's record and brief on the appeal from the order dated March 23, 2006 (Appellate Division Docket No. 2006-04360), are stricken, and on or before August 10, 2007, the appellant shall serve and file (1) a replacement record that complies with the CPLR and rules of this court (see CPLR 5526; 22 NYCRR 670.10.2), and contains all papers filed in connection with the motion decided by the order dated March 23, 2006, and (2) a new brief that complies with the CPLR and rules of this court (see CPLR 5529; 22 NYCRR 670.10.3); and it is further,
ORDERED that the respondents' motion is denied as academic; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal from the order dated September 21, 2006 (Appellate Division Docket No. 2006-10305), is enlarged until August 27, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court