Steve Cilento & Chana Cilento v Smyrna Bldg. Corp., Nasser Yaghoobzadeh & Victor Freudman
Motion No: 2010-02938 ric
Slip Opinion No: 2012 NY Slip Op 62124(U)
Decided on January 23, 2012
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-2938 RI C
Steve Cilento and Chana Cilento, Respondents, v Smyrna Building Corp., Nasser Yaghoobzadeh and Victor Freudman, Appellants.

Motion by appellants to vacate an order of this court dated November 17, 2011, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered March 15, 2011, and to consolidate this appeal with Appeal No. 2011-1986 RI C.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to vacate the order of this court dated November 17, 2011 is granted and the appeal shall be perfected by March 2, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 2, 2012, the court, on its own motion, may dismiss the appeal, or respondents may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,

ORDERED that the branch of the motion seeking to consolidate this appeal with Appeal No. 2011-1986 RI C is denied.

ENTER:

Paul Kenny

Chief Clerk