Appellate Division: Second Judicial Department

M170679

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-04367, 2014-00095 Woori American Bank, respondent, v Global Universal Group, Ltd., appellant, et al., defendants. (Index No. 1491/12)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 5, 2013, in the event that the order is not appealable, or, in the alternative, to enlarge his time to perfect the appeal, to consolidate the appeal with an appeal from an order of the same court dated October 25, 2013, and to enlarge the time to perfect the appeal from the order dated October 25, 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 the branch of the motion which is to withdraw the appeal from the order dated March 5, 2013, is denied as unnecessary; 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]); 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 March 5, 2013, is granted, the appellant's time to perfect that appeal is enlarged until April 7, 2014, and the record or appendix 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; 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 October 25, 2013, is denied as premature.

BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court