| IRONWOOD, LLC AND STEELWAY REALTY CORPORATION V JGB PROPERTIES, LLC IRONWOOD, LLC, , AND STEELWAY REALTY CORPORATION V |
| Motion No: CA 11-02340 |
| Slip Opinion No: 2012 NY Slip Op 62289(U) |
| Decided on January 24, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02340
DOCKET NO. CA 11-02341
| IRONWOOD, LLC AND STEELWAY REALTY CORPORATION,
PLAINTIFFS-RESPONDENTS, V JGB PROPERTIES, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 1.) IRONWOOD, LLC,
PLAINTIFF-RESPONDENT-APPELLANT, AND STEELWAY REALTY CORPORATION, PLAINTIFF, V JGB PROPERTIES, LLC,
DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) |
Defendant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 28, 2009 (appeal No. 1), and to extend the time to perfect the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 3, 2011 (appeal No. 2), and
Plaintiffs having cross-moved for an extension of time to perfect the cross appeal from the order entered on February 3, 2011 (appeal No. 2),
Now, upon reading and filing the affidavits of Michael J. Kawa, Esq., sworn to November 21, 2011, and November 30, 2011, the affirmation of Janet D. Callahan, Esq., dated November 23, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that defendant's motion insofar as it seeks to vacate dismissal of the appeal from the order entered December 28, 2009 (appeal No. 1), is denied, and
It is further ORDERED that defendant's motion insofar as it seeks an extension of time to perfect the appeal from the order entered February 3, 2011 (appeal No. 2), is granted and defendant shall perfect the appeal on or before March 20, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that plaintiffs' cross motion insofar as it seeks to extend the time for Ironwood LLC to perfect its cross appeal is granted and Ironwood LLC shall perfect its cross appeal from the order entered February 3, 2011 (appeal No. 2), on or before April 24, 2012, and, in the event of failure to so perfect, Ironwood LLC's cross appeal is hereby dismissed without further order.
Entered: January 24, 2012
Frances E. Cafarell, Clerk