| Alberton Developers, Inc. v All Trade Enterprises, Inc. |
| Motion No: 2015-06045 |
| Slip Opinion No: 2016 NY Slip Op 68306(U) |
| Decided on March 25, 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
M208721
S/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
BETSY BARROS, JJ.
|
2015-06045, 2015-06046, 2015-06048 Alberton Developers, Inc., plaintiff-respondent- appellant, v All Trade Enterprises, Inc., et al., appellants-respondents; Martin Bienstock, nonparty-respondent; Bailey & Sherman, P.C., nonparty-appellant-respondent; Perry Ian Tischler, nonparty-respondent-appellant. (Index No. 8778/01)
| DECISION & ORDER ON MOTION |
Application by the nonparty-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals and cross appeals from two orders of the Supreme Court, Queens County, dated March 19, 2015, and December 5, 2013, respectively, and a judgment of the same court dated March 3, 2015.
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 cross appeals by the plantiff and the nonparty Perry Ian Tischler are dismissed, without costs or disbursements, for failure to perfect in accordance with the rules and prior orders of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the application is granted, the nonparty-respondent's time to serve and file a brief is enlarged until May 1, 2016, and the nonparty-respondent's brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, CHAMBERS and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court