| Ziscand v Arthur Murray International, Inc. |
| Motion No: 2013-06213 |
| Slip Opinion No: 2014 NY Slip Op 64451(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
M170148
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2013-06213, 2013-10020 Kimberly Ziscand, etc., respondent, v Arthur Murray International, Inc., defendant, Dance Studio at Plainview Ltd, appellant. (Appeal No. 1) Kimberly Ziscand, etc., respondent, v Arthur Murray International, Inc., appellant, et al., defendants. (Appeal No. 2) (Index No. 368/13)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 13, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant Arthur Murray International, Inc., to consolidate appeals from two orders of the Supreme Court, Nassau County, dated April 29, 2013, and August 9, 2013, respectively, to stay all discovery in the above-entitled action, pending hearing and determination of the appeals, and, in effect, to enlarge the time to perfect the appeal from the order dated August 9, 2013. Application by the appellant Dance Studio of Plainview Ltd., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated April 29, 2013.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,
ORDERED that the branch of the motion which is to stay all discovery in the above-entitled action is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated August 9, 2013, and the application to enlarge the time to perfect the appeal from the order dated April 29, 2013, are granted, the time to perfect the appeals is enlarged until March 18, 2014, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
DILLON, J.P., HALL, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court