Appellate Division: Second Judicial Department

M122652

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2011-00392 Hai Ying Tian, plaintiff, v College Point Grocery Owners, LLC, et al., defendants, Related Companies, Inc., et al., respondents- appellants, Meadowland Contracting, Inc., appellant-respondent. (Index No. 3558/06)

DECISION & ORDER ON MOTION

Application by Related Companies, Inc., Whitestone Development Partners, L.P., Whitestone Development Partners A., L.P., Whitestone Development Partners C., L.P., and Retail Management Corporation on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered April 22, 2011, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their 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 Meadowland Contracting, Inc., 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 Related Companies, Inc., Whitestone Development Partners, L.P., Whitestone Development Partners A., L.P., Whitestone Development Partners C., L.P., and Retail Management Corporation to perfect their appeal is enlarged until August 30, 2011, and the record or appendix on the appeal and the brief of Related Companies, Inc., Whitestone Development Partners, L.P., Whitestone Development Partners A., L.P., Whitestone Development Partners C., L.P., and Retail Management Corporation must be served and filed on or before that date.

RIVERA, J.P., FLORIO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court