GECMC 2007-C1 Burnett Street, LLC v Hoti Enterprises,
Motion No: 2012-04953
Slip Opinion No: 2013 NY Slip Op 65482(U)
Decided on February 25, 2013
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

M151901

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2012-04953, 2012-07420

GECMC 2007-C1 Burnett Street, LLC,

appellant-respondent, v Hoti Enterprises, LP,

respondent-appellant, et al., defendants.

(Index No. 5006/09)

DECISION & ORDER ON MOTION

Motion by Hoti Enterprises, LP, on appeals and cross appeals from two orders of the Supreme Court, Kings County, dated April 4, 2012, and June 13, 2012, respectively, to dismiss the appeals on the ground that the appellant-respondent has stipulated to withdraw the appeals.

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

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

ORDERED that on the Court's own motion, the respondent-appellant's time to serve and file a brief is enlarged until March 27, 2013, and the respondent-appellant's brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court