Matter of New York State Commissioner of Taxation and Fin
Motion No: 2012-05150
Slip Opinion No: 2013 NY Slip Op 77383(U)
Decided on June 20, 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

M158222

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-05150, 2012-05153, 2013-04213

In the Matter of New York State Commissioner

of Taxation and Finance, petitioner-respondent,

v Capital One, N.A., respondent, J. David Golub,

et al., appellants.

(Index No. 11548/11)

DECISION & ORDER ON MOTION

Motion by the appellant J. David Golub to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated November 1, 2011, and March 19, 2012, respectively, and to consolidate those appeals with an appeal from an order of the same court dated March 7, 2013.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellants' time to perfect the appeals from the orders dated November 1, 2011, and March 19, 2012, is enlarged until July 26, 2013, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion 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]).

ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court