74 Eldert, LLC v Sharp
Motion No: 2014-02941
Slip Opinion No: 2015 NY Slip Op 67139(U)
Decided on March 16, 2015
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

M189047

T/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-02941

74 Eldert, LLC, plaintiff-respondent,

v Linda Sharp, et al., defendants third-party

plaintiffs-appellants, Sharp Realty LLC, et al.,

defendants-appellants; Kalman Sinay, et al.,

third-party defendants-respondents.

(Index No. 503266/13)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent and the third-party defendants-respondents, inter alia, to strike the appendix filed by the defendants third-party plaintiffs-appellants, Linda Sharp, Cie Sharp, and Michael Sharp, on an appeal from an order of the Supreme Court, Kings County, dated January 17, 2014. Application by the plaintiff-respondent and the third-party defendants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 on the Court's own motion, the appeal by the defendants-appellants, Sharp Realty, LLC, and Sharp Family Realty, LLC, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e][1]); and it is further,

ORDERED that the motion is dismissed with leave to renew upon proof of service of the motion upon the defendants third-party plaintiffs-appellants, Linda Sharp, Cie Sharp, and Michael Sharp; and it is further,

ORDERED that the application is granted, and the time of the plaintiff-respondent and the third-party defendants-respondents to serve and file a brief is enlarged until April 15, 2015, and the brief of the plaintiff-respondent and the third-party defendants-respondents must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court