Baron v 305-323 East Shore Road Corporation
Motion No: 2013-02833
Slip Opinion No: 2014 NY Slip Op 71329(U)
Decided on May 6, 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

M173657

E/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2013-02833, 2013-04696

Edward Baron, et al., appellants,

v 305-323 East Shore Road Corporation,

respondent.

(Index No. 23700/09)

DECISION & ORDER ON MOTION

Appeals by Edward Baron and Vera Baron from an order of the Supreme Court, Nassau County, entered December 21, 2012, and a judgment of the same court entered February 7, 2013.

On the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2014 Calendar," dated February 11, 2014, as dismissed the appeal pending under Appellate Division Docket No. 2013-04696 in the above-entitled action pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that the appeals are consolidated and the record and brief filed under Appellate Division Docket No. 2013-02833 is also deemed to be the record and brief for the appeal filed under Appellate Division Docket No. 2013-04696.

ENG, P.J., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court