| Vigo v 501 Second Street Holding Corp. |
| Motion No: 2009-03687 |
| Slip Opinion No: 2011 NY Slip Op 79118(U) |
| Decided on July 22, 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
M123445
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
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2009-03687, 2010-08360, 2010-11651, 2011-04908, 2011-04912 Norma Vigo, plaintiff-respondent, v 501 Second Street Holding Corp., appellant, Gihon, LLC, defendant-respondent, et al., defendants (and a third-party action). (Index No. 38083/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from five orders of the Supreme Court, Kings County, dated March 2, 2009, July 30, 2010, October 22, 2010, and March 28, 2011 (two orders), respectively, and for leave to prosecute the appeal from the order dated October 22, 2010, on the original record. Separate motion by the appellant to enlarge the time to perfect the appeal from the order dated July 30, 2010. Application by Gihon, LLC, to impose a sanction upon the appellant and for an award of an attorney's fee.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and 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 appeals from the orders dated March 28, 2011 (Appellate Division Docket Nos. 2011-04908, 2011-04912), are dismissed, without costs or disbursements, on the ground that the notice of appeal is defective (see CPLR 5515[1]); and it is further,
ORDERED that the motion, inter alia, to stay all proceedings is denied; and it is further,
ORDERED that the motion to enlarge the time to perfect the appeal from the order dated July 30, 2010 (Appellate Division Docket No. 2010-08360) is granted, the time to perfect that appeal is enlarged until August 5, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is dismissed without prejudice to making a motion for the same relief (see CPLR 8022[b]).
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court