Maurisaca v Bowery at Spring Partners, LP
Motion No: 2016-02523
Slip Opinion No: 2017 NY Slip Op 65836(U)
Decided on March 2, 2017
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

M227078

S/sl

JEFFREY A. COHEN, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-02523

Juan Maurisaca, respondent, v Bowery at Spring

Partners, LP, et al., defendants,Bakers Dozen

Associates, LLC, respondent-appellant, Walsh

Company, LLC, defendant third-party plaintiff-

respondent; Mission Design & Management,

third-party defendant-appellant-respondent.

(Index No. 702405/12)

DECISION & ORDER ON MOTION

Application by the 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 March 3, 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