Macro Tool & Mach. Co. v Fabrique Cosmetique, Inc.
Motion No: 2012-00001 wc
Slip Opinion No: 2012 NY Slip Op 74232(U)
Decided on May 16, 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 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

FRANCIS A. NICOLAI

DENISE F. MOLIA, JJ.

DECISION & ORDER ON MOTION

2009-437
2012-1 W C
Macro Tool and Machine Co., Respondent, v
Fabrique Cosmetique, Inc., Appellant.

Macro Tool and Machine Co., Respondent, v

Fabrique Cosmetique, Inc., Appellant.

Appellate Term Docket No.

2012-336 W C

Lower Court #s CC-2009-438

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Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the City Court of Peekskill, Westchester County, entered December 14, 2009 (Appeal No. 2012-336 W C), in effect, to vacate an order of this court dated April 16, 2012, which dismissed an appeal from a judgment of the same court entered November 14, 2009 (Appeal No. 2012-1 W C), and to consolidate the appeals. Separate motion by appellant to compel the City Court to produce complete corrected transcripts.

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

ORDERED, on the court's own motion, that the appeals, and appellant's motions, are consolidated for purposes of disposition of the motions; and it is further,

ORDERED that the branch of appellant's motion seeking an enlargement of time to perfect Appeal No. 2012-336 W C is granted and the appeal shall be perfected by July 6, 2012; and it is further,

ORDERED that the branch of appellant's motion seeking, in effect, to vacate the order of this court dated April 16, 2012, which dismissed Appeal No. 2012-1 W C, is granted and that appeal shall be perfected by July 6, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 6, 2012, the court, on its own motion, may dismiss the appeals, or respondent may move to dismiss the appeals 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 the appeals is granted to the extent that appellant may perfect the appeals with a single brief bearing both of the above-listed appeal numbers and that there shall be oral argument, if requested, on both of the appeals at the same time (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.5 [b] [2]); and it is further,

ORDERED that the motion to compel the City Court of Peekskill to produce complete corrected transcripts is denied.

ENTER:

Paul Kenny

Chief Clerk