Matter of Tenant Association of 100 Broadway and 381 Berry
Motion No: 2013-03620
Slip Opinion No: 2013 NY Slip Op 83175(U)
Decided on August 23, 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

M161124

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-03620, 2013-03626

In the Matter of Tenant Association of 100

Broadway and 381 Berry, et al., appellants,

v New York State Division of Homes and

Community Renewal, et al., respondents.

(Index No. 19114/11)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated January 31, 2013, and a corrected order of the same court dated February 8, 2013.

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

ORDERED that on the Court's own motion the appeal from the order dated January 31, 2013 (Appellate Division Docket No. 2013-03620), is dismissed, without costs or disbursements, as that order was superseded by the corrected order dated February 8, 2013; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the corrected order is granted to the extent that the appellants' time to perfect the appeal is enlarged until November 13, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and that branch of the application is otherwise denied; and it is further,

ORDERED that the application is otherwise denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court