Appellate Division: Second Judicial Department

M195383

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2014-07077 Daniel Santana, respondent-appellant, v Acadia Realty Limited Partnership, et al., appellants-respondents, Five Star Electric Corp., respondent (and a third-party action). (Index No. 5832/10)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to perfect an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated January 24, 2014, and, in effect, to dismiss the appeal by Prince Carpentry, Inc., on the ground that it is not aggrieved.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal by Prince Carpentry, Inc., is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the time to perfect the appeal is enlarged until August 14, 2015, and the joint record or appendix on the appeal and the cross appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court