Appellate Division: Second Judicial Department

M145024

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-08718, 2012-02982, 2012-02984 SNC Properties, LLC, respondent, v Frank Demartino, et al., appellants. (Index No. 31518/10)

DECISION & ORDER ON MOTION

Motion by the appellant Frank Demartino to vacate so much of a decision and order on motion of this Court dated August 20, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, entered April 19, 2011, to enlarge his time to perfect that appeal as well as appeals from two orders of the same court entered June 30, 2011, and August 18, 2011, respectively, to enlarge the time of the defendants Metro Foundation Contractors, Inc., Metro Construction Equities, Inc., and Metropolis Superstructures, Inc., to perfect the appeals, and to impose a sanction upon Dustin Bowman, Esq., and for an award of costs.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time of Metro Foundation Contractors, Inc., Metro Construction Equities, Inc., and Metropolis Superstructures, Inc., to perfect the appeals is dismissed as Frank Demartino does not have standing to seek that relief (see CPLR 321[a]); and it is further,

ORDERED that the branch of the motion which is to enlarge Frank Demartino's time to perfect the appeals from the orders entered June 30, 2011, and August 18, 2011, is granted, Frank Demartino's time to perfect those appeals is enlarged until November 15, 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 no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion the time of Metro Foundation Contractors, Inc., Metro Construction Equities, Inc., and Metropolis Superstructures, Inc., to perfect their appeals from the orders entered June 30, 2011, and August 18, 2011, is enlarged until November 15, 2012, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

We note that the corporate appellants must appear by an attorney (see CPLR 321[a]).

DICKERSON, J.P., CHAMBERS, HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court