Matter of Manko v New York State Division of Housing and

Matter of Manko v New York State Division of Housing and

Motion No: 2009-08400

Slip Opinion No: 2010 NY Slip Op 78439(U)

Decided on July 30, 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

M106124

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2009-08400, 2009-08402
In the Matter of Nella Manko, et al., appellants,
v New York State Division of Housing and
Community Renewal, Office of Rent
Administration, respondent.
(Appeal No. 1)
In the Matter of Nella Manko, petitioner,
Liuba Manko, appellant, v New York State
Division of Housing and Community Renewal,
Office of Rent Administration, respondent.
(Appeal No. 2)
(Index Nos. 26610/08, 32331/08)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Kings County, both dated July 7, 2009, and to enlarge the time to perfect the 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 consolidate the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal docketed under Appellate Division Docket No. 2009-08400 is granted and the appellants' time to perfect that appeal is enlarged until September 3, 2010; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by Liuba Manko docketed under Appellate Division Docket No. 2009-08402 is granted and the time to perfect that appeal is enlarged until September 3, 2010; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by Nella Manko docketed under Appellate Division Docket No. 2009-08402 is denied as academic as Nella Manko's application to withdraw that appeal was granted by order on application dated July 1, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the appellants shall serve and file a record or appendix and brief for the appeal docketed under Appellate Division Docket No. 2009-08400 and the appellant Liuba Manko shall serve and file a separate record or appendix and brief for the appeal docketed under Appellate Division Docket No. 2009-08400.

SKELOS, J.P., LEVENTHAL, CHAMBERS and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court