B.S. Reclamation Corp. v Concord Family Services, Inc.
Motion No: 2011-06974
Slip Opinion No: 2012 NY Slip Op 70496(U)
Decided on April 18, 2012
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

M136338

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-06974, 2011-09047, 2011-09326

B.S. Reclamation Corp., appellant,

v Concord Family Services, Inc., et al.,

defendants, City of New York, et al.,

respondents.

(Index No. 19854/10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated April 27, 2011, and June 15, 2011, respectively, to consolidate the appeals, and, in effect, to withdraw an appeal from an order of the same court dated July 27, 2011.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated April 27, 2011, and June 15, 2011 (Appellate Division Docket Nos. 2011-06974, 2011-09047), is granted and the appellant's time to perfect those appeals is enlarged until June 4, 2012, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is , in effect, to withdraw the appeal from the order dated July 27, 2011 (Appellate Division Docket No. 2011-09326), is granted and the appeal is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court