| Iburg v WFP Tower A Co., L.P. |
| Motion No: 2010-10193 |
| Slip Opinion No: 2011 NY Slip Op 72856(U) |
| Decided on May 13, 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. |
Appellate Division: Second Judicial Department
M119127
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
SHERI S. ROMAN
|
2010-10193 Thomas Iburg, et al., plaintiffs-respondents, v WFP Tower A Co., L.P., defendant-respondent, Brookfield Financial Properties, L.P., defendant- appellant-respondent; Structure Tone, Inc., etc., defendant third-party plaintiff-respondent-appellant; Empire Sheet Metal, Inc., third-party defendant- respondent (and another title). (Index No. 39556/04)
| DECISION & ORDER ON MOTION |
Application by Structure Tone, Inc., on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 20, 2010, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by Brookfield Financial Properties, L.P., is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted and the time of Structure Tone, Inc., to perfect its appeal is enlarged until June 27, 2011, and the record or appendix on the appeal and the brief of Structure Tone, Inc., must be served and filed on or before that date.
ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court