Karpen v Golden Jubilee Realty, LLC
Motion No: 2015-04372
Slip Opinion No: 2016 NY Slip Op 69314(U)
Decided on April 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M209364

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-04372

Shlomo Karpen, respondent, v Golden

Jubilee Realty, LLC, defendant-appellant;

Tomer Swisa, nonparty-appellant.

(Index No. 501428/13)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant on appeals from an order of the Supreme Court, Kings County, dated April 2, 2015, to enlarge the time to perfect its appeal.

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

ORDERED that on the Court's own motion, the appeal by the nonparty-appellant is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is granted, the defendant-appellant's time to perfect its appeal is enlarged until May 23, 2016, and the record or appendix and the defendant-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., AUSTIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court