| Nesterenko v Starrett City Associates, L.P. |
| Motion No: 2013-03830 |
| Slip Opinion No: 2014 NY Slip Op 64441(U) |
| Decided on February 24, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M169938
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2013-03830 Gulzhiyan Nesterenko, appellant, v Starrett City Associates, L.P., et al., respondents. (Index No. 35403/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 26, 2013, on the ground that no appeal lies from an order denying reargument. Separate motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted to the extent that the appeal from so much of the order as denies reargument is dismissed, without costs or disbursements, and the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is granted, the appellant's time to perfect the appeal is enlarged until April 25, 2014, and the record or appendix on the appeal and the appellant's 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.
BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court