| Gershon v Cunningham |
| Motion No: 2010-01681 |
| Slip Opinion No: 2010 NY Slip Op 88426(U) |
| Decided on November 19, 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
M111085
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2010-01681, 2010-01682, 2010-01683, 2010-07229 Matthew B. Gershon, et al., respondents, v Robert Cunningham, et al., appellants. (Index No. 26363/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, dated January 8, 2009 (Appellate Division Docket No. 2010-01681), and September 29, 2009 (Appellate Division Docket No. 2010-01682), respectively, to enlarge the time to perfect the appeal from an order of the same court dated December 21, 2009 (Appellate Division Docket No. 2010-01683), and to consolidate that appeal with an appeal from an order of the same court dated June 9, 2010 (Appellate Division Docket No. 2010-07229).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to withdraw the appeals from the orders dated January 8, 2009 (Appellate Division Docket No. 2010-01681), and September 29, 2009 (Appellate Division Docket No. 2010-01682), respectively, is granted and those appeals are deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated December 21, 2009 (Appellate Division Docket No. 2010-01683), is granted, the appellants' time to perfect that appeal is enlarged until January 18, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the order dated December 21, 2009 (Appellate Division Docket No. 2010-01683), and the order dated June 9, 2010 (Appellate Division Docket No. 2010-07229), is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court