Appellate Division: Second Judicial Department

M154196

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-07903, 2012-07379 Debcon Financial Services, Inc., plaintiff-respondent, v 83-17 Broadway Corp., et al., defendants, Demetra Sirica, appellant; Joseph Noormand, nonparty- respondent. (Index No. 21257/98)

DECISION & ORDER ON MOTION

Motion by 83-17 Broadway Corp., in effect, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2012 Calendar," dated April 18, 2012, as dismissed its appeal from an order of the Supreme Court, Queens County, dated June 2, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal, and to consolidate that appeal with an appeal by Demetra Sirica from that order as well as an appeal from an order of the same court dated May 30, 2012. Motion by Demetra Sirica to enlarge the time to perfect her appeals.

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

ORDERED that the branches of the motion by 83-17 Broadway Corp. which are, in effect, to recall and vacate so much of the decision and order on motion of this Court dated April 18, 2012, as dismissed its appeal from the order dated June 2, 2011, and to reinstate that appeal are granted, and so much of the decision and order on motion of this Court dated April 18, 2012, as dismissed the appeal by 83-17 Broadway Corp. from the order dated June 2, 2011, is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion by 83-17 Broadway Corp. which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion by 83-17 Broadway Corp. which is to enlarge the time to perfect its appeal and the motion by Demetra Sirica to enlarge the time to perfect her appeals are granted, the appellants' time to perfect their respective appeals is enlarged until June 7, 2013, and the joint record or appendix on appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court