ACF Hillside, LLC v Lambrakis
Motion No: 2010-11990
Slip Opinion No: 2011 NY Slip Op 74802(U)
Decided on June 7, 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

M121141

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2010-11990, 2010-11991, 2011-02935

ACF Hillside, LLC, respondent,

v George Lambrakis, etc., appellant.

(Appeal No. 1)

Archer Capital Fund Hillside, L.P., respondent,

v GEL, LLC, et al., appellants, et al., defendants.

(Appeal No. 2)

Archer Capital Fund, L.P., respondent, v Eagle

Realty, LLC, et al., appellants, et al., defendants.

(Appeal No. 3)

(Index Nos. 27393/08, 27397/08, 27400/08)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, dated September 13, 2010, October 25, 2010, and February 15, 2011, respectively, in effect, to recall and vacate so much of a decision and order on motion of this Court dated January 14, 2011, as granted that branch of their prior motion which was to consolidate the appeals from the orders dated September 13, 2010, and October 25, 2010, to withdraw that branch of the motion, and to calendar the three appeals together so that they are argued or submitted on the same day.

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

ORDERED that the motion is granted, so much of the decision and order on motion dated January 14, 2011, as granted that branch of the prior motion which was to consolidate the appeals from the orders dated September 13, 2010, and October 25, 2010, is recalled and vacated, that branch of the prior motion is deemed withdrawn, and the three appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeals from the orders dated September 13, 2010, and October 25, 2010, is enlarged until June 22, 2011, and the records or appendices on the appeals and the appellant's briefs must be served and filed on or before that date.

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court