Banda v Lynch Park, LLC
Motion No: 2012-00515
Slip Opinion No: 2013 NY Slip Op 72642(U)
Decided on May 2, 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

M155757

J/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-00515, 2013-02634

Akiva Banda, appellant,

v Lynch Park, LLC, respondent.

(Index No. 23204/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to calendar together appeals from two orders of the Supreme Court, Kings County, dated December 14, 2011, and January 30, 2013, respectively, and, in effect, to amend so much of a decision and order on motion of this Court dated April 1, 2013, as conditioned a stay of the cancellation of a certain notice of pendency, upon the perfection of the appeal from the order dated January 30, 2013, on or before May 1, 2013.

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

ORDERED that the branch of the motion which is, in effect, to amend the decision and order on motion dated April 1, 2013, is granted to the extent that the decision and order on motion dated April 1, 2013, is amended by deleting from the decretal paragraphs thereof the date "May 1, 2013," and substituting therefor the date "June 3, 2013"; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court