Colony E. 5th Realty, LLC v Eaztov Holdings & Janice Ovadiah, Tenants-respondents, & Isaac Ovadiah
Motion No: 2012-01058 kc
Slip Opinion No: 2013 NY Slip Op 69919(U)
Decided on April 5, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-1058 K C
Colony East 5th Realty, LLC, Respondent-Appellant, v Eaztov Holdings and Janice Ovadiah, Tenants-Respondents, and Isaac Ovadiah, Appellant-Respondent.

Motion by appellant-respondent on an appeal and cross appeal from an order of the Civil Court of the City of New York, Kings County, entered March 21, 2012, to dismiss the cross appeal as untimely. Separate motions by appellant-respondent, in effect, for an enlargement of time to perfect the appeal.

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

ORDERED, on the court's own motion, that appellant-respondent's motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motion to dismiss the cross appeal is denied; and it is further,

ORDERED that the motions, in effect, for an enlargement of time to perfect the appeal are granted and the appeal shall be perfected by May 3, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 3. 2013, the court, on its own motion, may dismiss the appeal, or respondent-appellant may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,

ORDERED that respondent-appellant's brief shall be filed within 21 days of the date by which appellant-respondent's brief is due to be filed pursuant to this decision and order, and it is further,

ORDERED that no further applications by appellant-respondent for an enlargement of time to perfect the appeal shall be entertained.

ENTER:

Paul Kenny

Chief Clerk