| M & F E C Corp. v M & R Brighton Land Corp. |
| Motion No: 2016-01795 KC |
| Slip Opinion No: 2016 NY Slip Op 94675(U) |
| Decided on December 7, 2016 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| M & F E C Corp., Respondent, v M & R Brighton Land Corp., Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered January 25, 2016, for failure to prosecute. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied and appellant shall perfect the appeal by February 3, 2017; and it is further,
ORDERED that in the event appellant has not perfected the appeal on or before February 3, 2017, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice.
ENTER:
Paul Kenny
Chief Clerk