Breytman v Wiener Realty, LLC
Motion No: 2009-07371
Slip Opinion No: 2010 NY Slip Op 65745(U)
Decided on March 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M99824

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-07371

Alexander Breytman, appellant,

v Wiener Realty, LLC, etc., et al.,

respondents.

(Index No. 33073/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2009, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge time to perfect the appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court