Appellate Division: Second Judicial Department

M227077

S/sl

JEFFREY A. COHEN, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-02501 Juan Maurisaca, plaintiff-respondent, v Bowery at Spring Partners, L.P., defendant- respondent, Bakers Dozen Associates, LLC, defendant third third-party plaintiff-respondent-appel EMM Group Holding, LLC, defendant third third-par plaintiff-respondent, Walsh Company, LLC, defenda third-party/second third-party plaintiff-respondent, et defendants; Mission Design & Management, third-p third third-party defendant-appellant-respondent; Scottsdale Insurance Company, second third-party/ third third-party defendant-respondent. (Index No. 702405/12)

DECISION & ORDER ON MOTION lant, ty nt al., arty/

Application by Bakers Dozen Associates, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal from an order of the Supreme Court, Queens County, dated February 18, 2016.

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 appeal by Mission Design & Management is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this Court; and it is further,

ORDERED that the application is granted, the time of Bakers Dozen Associates, LLC, to perfect its appeal is enlarged until March 24, 2017, and the record or appendix on the appeal and the brief of Bakers Dozen Associates, LLC, shall be served and filed on or before that date.

COHEN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court