| Cadlerock Joint Venture, L.P. v Trombley |
| Motion No: 2014-06300 |
| Slip Opinion No: 2015 NY Slip Op 70544(U) |
| Decided on April 17, 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. |
Appellate Division: Second Judicial Department
M190602
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2014-06300, 2014-11522 Cadlerock Joint Venture, L.P., respondent, v Jane Trombley, et al., defendants, Howard Anders, et al., appellants. (Appeal No. 1) Cadlerock Joint Venture, L.P., appellant- respondent, v Jane Trombley, et al., defendants, Howard Anders, respondent-appellant. (Appeal No. 2)
(Index No. 601613/12)
| DECISION & ORDER ON MOTION |
Motion by Howard Anders on separate appeals by him and by Paula Holder from an order of the Supreme Court, Nassau County, entered June 2, 2014, and an appeal by Cadlerock Joint Venture, L.P., from a judgment of the same court entered September 15, 2014, to deem his notice of appeal from the order to be a notice of cross appeal from stated portions of the judgment, to consolidate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that the notice of appeal by Howard Anders is deemed to also be a notice of cross appeal from so much of the judgment entered September 15, 2014, as was entered upon the order entered June 2, 2014 (see CPLR 5501[c]), the time for Cadlerock Joint Venture, L.P., to perfect the appeal from the judgment is enlarged until June 15, 2015, the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the brief of Cadlerock Joint Venture, L.P., must be served and filed on or before that date, Howard Anders shall serve and file his answering brief, including points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]), and the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appeal by Paula Holder from the order entered June 2, 2014, 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]).
SKELOS, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court