Appellate Division: Second Judicial Department

M214180

J/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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 5, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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. Application by the defendant-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal.

Upon the papers filed in support of the motion and the application 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 and the application are granted, the defendant-appellant's time to perfect its appeal is enlarged until August 15, 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