| 67-15 102nd St., LLC v Eva Whitman-gross & Mark Haimson |
| Motion No: 2012-00365 qc |
| Slip Opinion No: 2013 NY Slip Op 66147(U) |
| Decided on February 26, 2013 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 67-15 102nd Street, LLC, Respondent, v Eva Whitman-Gross and Mark Haimson, Appellants, et al., Undertenants. |
Motion by appellants for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, dated February 15, 2011. Separate motion by respondent to dismiss the appeal for failure to prosecute and for attorney's fees. Cross motion by appellants for an enlargement of time to perfect the appeal and to compel the Civil Court to file the record on appeal with this court.
Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellants' motion, and respondent's motion and appellants' cross motion, are consolidated for purposes of disposition; and it is further,
ORDERED that appellants' motion and cross motion are granted to the extent of directing that the appeal shall be perfected by April 5, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 5, 2013, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,
ORDERED that respondent's motion is denied.
ENTER:
Paul KennyChief Clerk