Palmana Realty Corp. v Zandieh
Motion No: 2013-08440
Slip Opinion No: 2014 NY Slip Op 70435(U)
Decided on April 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M173140

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2013-08440

Palmana Realty Corp., et al., respondents-

v Mansour Zandieh, et al., defendants, Cap

Construction, Inc., et al., appellants-respon

Langan Engineering & Environmental Se

respondent (and third-party actions).

(Index No. 7063/08)

DECISION & ORDER ON MOTION

appellants,
ital One
dents,
rvices,

Application by Palmana Realty Corp., GOC Realty Corp., Gasteteria Oil Corp., and Queens Plaza Petroleum Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Queens County, dated June 29, 2013. By order to show cause dated March 4, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals by Capital One Construction, Inc., and Environmental Bulkheading Corp. on the ground that those parties are not aggrieved by the order dated June 29, 2013, and the application was held in abeyance in the interim. Separate applications by Capital One Construction, Inc., and Environmental Bulkheading Corp. to withdraw their respective appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the applications by Capital One Construction, Inc., and Environmental Bulkheading Corp. to withdraw their respective appeals are granted and those appeals are marked withdrawn; and it is further,

ORDERED that the motion to dismiss the appeals is denied as academic; and it is further,

ORDERED that the application by Palmana Realty Corp., GOC Realty Corp., Gasteteria Oil Corp., and Queens Plaza Petroleum Corp. is granted to the extent that the time to perfect their appeal is enlarged until June 24, 2014, and the record or appendix and their brief must be served and filed on or before that date, and the application is otherwise denied.

SKELOS, J.P., LOTT, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court