Merrick Blvd 9224, LLC v 92-24 Merrick, Inc.
Motion No: 2014-10012
Slip Opinion No: 2015 NY Slip Op 74414(U)
Decided on May 28, 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

M292925

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-10012

Merrick Blvd 9224, LLC, appellant-respondent,

v 92-24 Merrick, Inc., et al., respondents-appellants,

et al., defendant.

(Index No. 17699/10)

DECISION & ORDER ON MOTION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 12, 2014.

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 plaintiff is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 6708[e]); and it is further,

ORDERED that the application is granted, the respondents-appellants' time to perfect their appeal is enlarged until July 21, 2015, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court