| Maccarone Plumbing, Inc. v Five Star 376 Larkfield Rd., LLC |
| Motion No: 2010-00174 sc |
| Slip Opinion No: 2011 NY Slip Op 79550(U) |
| Decided on July 21, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| MacCarone Plumbing, Inc., Respondent, v Five Star 376 Larkfield Road, LLC Also Known as Larkfield Road Associates, Appellant, and North Fork Bank, Defendant. |
Motion by respondent to dismiss an appeal from an order of the District Court of Suffolk County, Third District, entered November 23, 2009, and for an award of costs. Separate motion by appellant for an enlargement of time to perfect the appeal
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions by respondent and appellant are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's motion is granted and the appeal shall be perfected by September 2, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 2, 2011, the court on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk