| Liang v Yi Jing Tan |
| Motion No: 2015-05929 |
| Slip Opinion No: 2016 NY Slip Op 64191(U) |
| Decided on February 11, 2016 |
| 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
M206298
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2015-05929, 2015-05930 Gary Liang, etc., respondent, v Yi Jing Tan, et al., appellants. (Index No. 7424/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Queens County, dated August 12, 2014, and March 24, 2015, respectively, as untimely taken, or alternatively, on the ground that the record is inadequate, or to dismiss the appeal from the order dated March 24, 2015, on the ground that no appeal lies from an order denying reargument, or, in the alternative, 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, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated August 12, 2014, as untimely taken is granted and that appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 24, 2015, on the ground that the record is inadequate is denied on condition that on or before February 25, 2016, the appellant serve the respondent with a complete copy of the record filed with this Court; and it is further,
ORDERED that, in the event that the appellants comply with the above condition, the branch of the motion which is to dismiss the appeal from the order dated March 24, 2015, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 29, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court