Matter of Manko v New York State Division of Housing and
Motion No: 2009-08400
Slip Opinion No: 2010 NY Slip Op 87204(U)
Decided on November 5, 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

M110624

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.

(Index Nos. 26610/08, 32331/08)

DECISION & ORDER ON MOTION

Motion by the appellant Nella Manko on appeals from two orders of the Supreme Court, Kings County, both dated July 7, 2009, in effect, to recall and vacate an order on application of this Court dated July 1, 2010, which granted her application to withdraw her appeal docketed under Appellate Division Docket No. 2009-08402 and to reinstate that appeal, to consolidate the appeals so that the appellants may file one record or appendix and one brief for both appeals, and to enlarge the time to perfect the appeals. Cross motion by the respondent to dismiss the appeals for failure to timely perfect.

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

ORDERED that the branch of the motion which is, in effect, to recall and vacate the order on application dated July 1, 2010, and to reinstate Nella Manko's appeal docketed under Appellate Division Docket No. 2009-08402 is granted, and the order on application dated July 1, 2010, is recalled and vacated and Nella Manko's appeal docketed under Appellate Division Docket No. 2009-08402 is reinstated; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellants' time to perfect the appeals is enlarged until December 6, 2010, and, on or before that date, the appellants shall serve and file a record or appendix and brief for the appeal docketed under Appellate Division Docket No. 2009-08400 and a separate record or appendix and brief for the appeal docketed under Appellate Division Docket No. 2009-08402; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court