| Mironer v City of New York |
| Motion No: 2009-04616 |
| Slip Opinion No: 2010 NY Slip Op 61919(U) |
| Decided on January 27, 2010 |
| 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
M97861
J/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2009-04616, 2009-11484, 2009-11488 Victoria Mironer, et al., respondents, v City of New York, et al., appellants. (Appeal No. 1) Victoria Mironer, et al., respondents- appellants, v City of New York, et al., appellants-respondents. (Appeal Nos. 2 and 3) (Index No. 6213/07)
| DECISION & ORDER ON MOTION |
Motion by City of New York, Department of Education of City of New York, and New York City School Construction Authority, on an appeal from an order of the Supreme Court, Kings County, dated March 18, 2009, an appeal and cross appeal from an order of the same court dated October 9, 2009, and an appeal and cross appeal from an amended order of the same court dated October 20, 2009, in effect, to enlarge the time to perfect the appeal from the order dated March 18, 2009, to consolidate the appeals and cross appeals, and to enlarge the time of Victoria Mironer and Mark Mironer to serve and file and file an answering brief on the consolidated appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 18, 2009 (Appellate Division Docket No. 2009-04616), is granted and the movants' time to perfect that appeal is enlarged until February 19, 2010, and the record or appendix on that appeal and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time of Victoria Mironer and Mark Mironer to serve and file an answering brief on the consolidated appeals is denied without prejudice to making an application for that relief after the consolidated appeals are perfected.
RIVERA, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court