| Centex Home Equity v Cheng |
| Motion No: 2008-10400 |
| Slip Opinion No: 2009 NY Slip Op 89966(U) |
| Decided on December 1, 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
M95272
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2008-10400, 2009-04315 Centex Home Equity, respondent, v Amy Cheng, et al., defendants, Ming Chien Hsu, et al., appellants. (Index No. 31307/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant Sun-Ming Sheu to consolidate appeals from an order of the Supreme Court, Queens County, dated August 14, 2008 (Appellate Division Docket No. 2008-10400), and a judgment of the same court entered April 7, 2009 (Appellate Division Docket No. 2009-04315).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated August 14, 2008 (Appellate Division Docket No. 2008-10400), is dismissed, without costs or disbursements, as superseded by the judgment entered April 7, 2009 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic; and it is further,
ORDERED that on the court's own motion, the time to perfect the appeal from the judgment entered April 7, 2009 (Appellate Division Docket No. 2009-04315), is enlarged until December 31, 2009, and the record or appendix on the appeal and the appellants' brief(s) must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court