Seaway Capital Corp. v 500 Sterling Realty Corp.
Motion No: 2010-02554
Slip Opinion No: 2011 NY Slip Op 62853(U)
Decided on February 2, 2011
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

M114842

E/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-02554, 2010-02556, 2011-00038

Seaway Capital Corp., respondent,

v 500 Sterling Realty Corp., appellant,

et al., defendants.

(Index No. 25581/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated September 17, 2009, and January 8, 2010, respectively, and to consolidate the appeals with an appeal from an order of the same court dated October 29, 2010.

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 appeals from the orders dated September 17, 2009, and January 8, 2010, respectively, is granted, the appellant's time to perfect the appeals is enlarged until April 4, 2011, and the record or appendix on the appeals and the appellant's 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 is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court