Appellate Division: Second Judicial Department

M156537

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-07945, 2013-00505 MLCFC 2007-9 Mixed Astoria, LLC, appellant, v 36-02 35th Ave. Development, LLC, et al., respondents, et al., defendants. (Appeal No. 1) MLCFC 2007-9 Mixed Astoria, LLC, appellant- respondent, v 36-02 35th Ave. Development, LLC, et al., respondents-appellants, et al., defendants; KZ Annex II, LLC, nonparty-appellant-respondent. (Appeal No. 2) (Index No. 29641/10)

DECISION & ORDER ON MOTION

Motion by 36-02 35th Ave. Development, LLC, and Larry Cerullo on an appeal from an order of the Supreme Court, Queens County, entered May 15, 2012, an appeal and cross appeal from an order of the same court entered November 27, 2012, to dismiss the appeal from the order entered May 15, 2012, on the ground that MLCFC 2007-9 Mixed Astoria, LLC, assigned its rights and interest to the subject mortgage note to a third-party and to dismiss the appeal by KZ Annex II, LLC, from the order entered November 27, 2012, based on the law of the case and pursuant to CPLR 5701(a)(2).

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 time of 36-02 35th Ave. Development, LLC, and Larry Cerullo to serve and file a brief is enlarged until June 17, 2013, and the brief, if any, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court