Shalom Bayit, LLC v Kalmon Glovin Et Al.
Motion No: 2015-00992 KC
Slip Opinion No: 2015 NY Slip Op 74232(U)
Decided on May 18, 2015
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-1419 K C
Shalom Bayit, LLC, Respondent, v Kalmon Glovin et al., Appellants, et al., Undertenants.

Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 26, 2011 (appeal No. 2012-1419 K C) and a judgment of the same court entered November 20, 2012 (appeal No. 2015-992 K C) for summary affirmance or, in the alternative, to dismiss the appeals for failure to prosecute. Separate motion by appellants for an enlargement of time to serve and file papers in opposition to respondent's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that appeal No. 2012-1419 K C and appeal No. 2015-992 K C are consolidated under appeal No. 2012-1419 K C; and it is further,

ORDERED, on the court's own motion, that appellants' motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellants' motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that respondent's motion is denied on condition that the consolidated appeal be perfected by July 10, 2015; and it is further,

ORDERED that in the event that the consolidated appeal is not perfected on or before July 10, 2015, the court, on its own motion, may dismiss the consolidated appeal, or respondent may move to dismiss the consolidated appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk