Breytman v Olinville Realty, LLC
Motion No: 2012-00819
Slip Opinion No: 2013 NY Slip Op 66169(U)
Decided on March 1, 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

M152268

T/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2012-00819, 2012-05808, 2012-05809,

2012-05815

Alexander Breytman, appellant,

v Olinville Realty, LLC, etc., respondent.

(Index No. 2423/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, dated August 25, 2011, December 9, 2011, and December 23, 2011, respectively, and, in effect, to recall and vacate a decision and order on motion of this Court dated July 19, 2012, as amended August 29, 2012, which dismissed an appeal from an order of the Supreme Court, Kings County, dated December 7, 2011, for leave to appeal from that order, and to enlarge the time to perfect that appeal.

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 appeals from the orders dated August 25, 2011 (Appellate Division Docket No. 2012-00819), December 9, 2011 (Appellate Division Docket No. 2012-05809), and December 23, 2011 (Appellate Division Docket No. 2012-05808), are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

SKELOS, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court