| Zimnoch v Bridge View Palace, LLC |
| Motion No: 2007-10287 |
| Slip Opinion No: 2009 NYSlipOp 64719(U) |
| Decided on February 26, 2009 |
| 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
M83044
J/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2007-10287, 2008-04979, 2008-11673 Andrzej Zimnoch, et al., respondents, v Bridge View Palace, LLC, appellant.
(Index No. 47730/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated March 23, 2007, and March 25, 2008, respectively, and a judgment of the same court dated October 8, 2008, in effect, to hold in abeyance the appeal from the order dated March 25, 2008 (Appellate Division Docket No. 2008-04979), pending hearing and determination of the appeal from the order dated March 23, 2007 (Appellate Division Docket No. 2007-10287), or, in the alternative, to enlarge the time to perfect the appeal from the order dated March 25, 2008, and to stay enforcement of the judgment dated October 8, 2008. Application by the appellant to enlarge the time to perfect the appeal from the order dated March 25, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the branch of the motion which is, in effect, to hold in abeyance the appeal from the order dated March 23, 2007 (Appellate Division Docket No. 2007-10287), is denied; and it is further,
ORDERED that the application and the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 25, 2008 (Appellate Division Docket No. 2008-04979), is granted, and the record or appendix on that appeal and the appellant's brief shall be served and filed on or before March 12, 2009; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, pursuant to 22 NYCRR 670.4(a), the appeal from the judgment dated October 8, 2008 (Appellate Division Docket No. 2008-11673), is assigned to this court's active management program; and it is further,
ORDERED that pursuant to 22 NYCRR 670.4(a)(2) the appellant shall perfect the appeal from the judgment dated October 8, 2008 (Appellate Division Docket No. 2008-11673), on or before April 27, 2009, and the record or appendix on that appeal and the appellant's brief shall be served and filed on or before that date.
FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court