| Board of Managers of National Plaza Condominium I |
| Motion No: 2011-01150 |
| Slip Opinion No: 2011 NY Slip Op 79192(U) |
| Decided on July 27, 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
M123402
E/mv
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
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2011-01150, 2011-00501 ORDER ON APPLICATION Board of Managers of National Plaza Condominium I, respondent, v Astoria Plaza, LLC, appellant, et al., defendants. (Index No. 10326/05)
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Application by the appellant on appeals from a judgment of the Supreme Court, Queens County, entered December 1, 2011, and an amended judgment of the same court entered January 3, 2011, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the amended judgment. The record on the appeal from the amended judgment was filed on July 6, 2011.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the judgment (Appellate Division Docket No. 2011-00501) is dismissed, without costs or disbursements, on the ground that the judgment was superseded by the amended judgment; and it is further,
ORDERED that the application is granted and the appellant's time to serve and file a brief in connection with the appeal from the amended judgment (Appellate Division Docket No. 2011-01150) is enlarged, and the brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.
DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court