Appellate Division: Second Judicial Department

M137104

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-06112 George Glezelis, respondent, v Nicole Halkiopoulos, also known as Nicole Halkiopoulos Tzeremes, also known as, Nicole Tzeremes, appellant, et al., defendant. (Index No. 12874/07)

DECISION & ORDER ON MOTION

2011-06114

George Glezelis, respondent,

v Nicole Halkiopoulos, also known as Nicole

Halkiopoulos Tzeremes, also known as Nicole

Tzeremes, appellant, et al., defendants.

(Index No. 15712/10)

2011-06115

George Glezelis, respondent,

v Nicole Halkiopoulos, also known as

Nicole Halkiopoulos Tzeremes, also known as

Nicole Tzeremes, et al., appellants.

(Index No. 15712/10)

2011-06260

George Glezelis, respondent,

v Nicole Halkiopoulos, also known as Nicole

Halkiopoulos Tzeremes, also known as, Nicole

Tzeremes, et al., appellants.

(Index No. 12874/07)

Motion by the appellants Mercury Financial Services, LLC, SG Realty Properties, LLC, and Chris Papandrea to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 11, 2011, under Appellate Division Docket No. 2011-06115. Separate motion by Brian P. Mangan, inter alia, for leave to file an "amicus curiae brief" on behalf of Nicole Halkiopoulos in connection with the motion by the appellants Mercury Financial Services, LLC, SG Realty Properties, LLC, and Chris Papandrea. Cross motion by the respondent to dismiss appeals from two orders of the same court dated March 25, 2011, and April 11, 2011, respectively, under Appellate Division Docket Nos. 2011-06112 and 2011-06114, and an appeal by Nicole Halkiopoulos from an order and judgment (one paper) of the same court dated April 20, 2011, under Appellate Division Docket No. 2011-06260, for failure to timely perfect.

Upon the papers filed in support of the motion by the appellants Mercury Financial Services, LLC, SG Realty Properties, LLC, and Chris Papandrea and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion by Brian P. Mangan and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal by the appellant Nicole Halkiopoulos from the order dated April 11, 2011, under Appellate Division Docket No. 2011-06115, is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e][1]); and it is further,

ORDERED that on the Court's own motion, the appeal by the appellants Mercury Financial Services, LLC, SG Realty Properties, LLC, and Chris Papandrea from the order and judgment dated April 20, 2011, under Appellate Division Docket No. 2011-06260, is dismissed, on the ground that those parties are not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that the motion by the appellants Mercury Financial Services, LLC, SG Realty Properties, LLC, and Chris Papandrea is granted to the extent that their time to perfect the appeal from the order dated April 11, 2011, under Appellate Division Docket No. 2011-06115, is enlarged until June 1, 2012, and the record or appendix on the appeal and their brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that the motion by Brian P. Mangan is denied; and it is further,

ORDERED that the cross motion is granted, and the appeals from the orders dated March 25, 2011, and April 11, 2011, respectively, under Appellate Division Docket Nos. 2011-06112 and 2011-06114, and the appeal by Nicole Halkiopoulos from the order and judgment dated April 20, 2011, under Appellate Division Docket No. 2011-06260, are dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e][1]).

SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court