Greenpoint Bank v Howard Salten
Motion No: 2005-08507
Slip Opinion No: 2011 NY Slip Op 82738(U)
Decided on September 6, 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

M125325

S/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2005-08507, 2011-02998, 2011-04523,

2011-07121, 2011-07236

Greenpoint Bank, respondent,

v Howard Salten, appellant,

et al., defendants.

(Index No. 11916/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from five orders of the Supreme Court, Queens County, dated June 8, 2005, February 8, 2011, April 1, 2011, May 12, 2011, and July 7, 2011, respectively, to recall and vacate so much of a decision and order on motion of this Court entitled "In the Matter of Dismissal of Causes for Failure to Perfect - March 2006 Calendar", dated April 4, 2006, as dismissed the appeal from the order dated June 8, 2005 (Appellate Division Docket No. 2005-08507), to reinstate that appeal, to enlarge the time to perfect that appeal, and to consolidate that appeal with the remaining appeals.

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

ORDERED that the branch of the motion which is to recall and vacate so much of a decision and order on motion of this Court entitled "In the Matter of Dismissal of Causes for Failure to Perfect - March 2006 Calendar", dated April 4, 2006, as dismissed the appeal from the order dated June 8, 2005 (Appellate Division Docket No. 2005-08507), to reinstate that appeal, and to enlarge the time to perfect that appeal is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate that appeal with the remaining appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated February 8, 2011, April 1, 2011, May 12, 2011, and July 7, 2011, respectively, is denied as unnecessary, as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c]).

COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court