Acrobat Realty, LLC v 22 Fiske Place, LLC
Motion No: 2015-03935
Slip Opinion No: 2016 NY Slip Op 78579(U)
Decided on July 1, 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

M214251

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-03935

Acrobat Realty, LLC, respondent,

v Ian Gazes, as trustee of the estate

of 22 Fiske Place, LLC, appellant,

et al., defendants.

(Index No. 20662/09)

DECISION & ORDER ON MOTION

Motion by Ian Gazes, as trustee of the estate of 22 Fiske Place, LLC, appointed by the United States Bankruptcy Court for the Southern District of New York, to be added as an appellant on an appeal from a judgment of the Supreme Court, Kings County, dated March 11, 2015, to enlarge the time to perfect the appeal, for leave to prosecute the appeal on the original papers, and to substitute DT91Conn, LLC, for the respondent, Acrobat Realty, LLC. Cross motion by the respondent to dismiss the appeal for failure to timely perfect and on the ground that it has been rendered academic.

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

ORDERED that the branch of the motion which is to add Ian Gazes, as trustee of the estate of 22 Fiske Place, LLC, appointed by the United States Bankruptcy Court for the Southern District of New York, as an appellant is granted to the extent that the caption of the appeal is amended to reflect that Ian Gazes, as trustee of the estate of 22 Fiske Place, LLC, appointed by the United States Bankruptcy Court for the Southern District of New York, has been substituted for the appellant, 22 Fiske Place, LLC, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until August 15, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

HALL, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court