| M & F E C Corp. v M & R Brighton Land Corp. |
| Motion No: 2016-01795 KC |
| Slip Opinion No: 2017 NY Slip Op 68354(U) |
| Decided on March 16, 2017 |
| 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 the appeal, on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered January 25, 2016. Separate motion by appellant to enlarge the time to perfect the appeal
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the respondent's motion and the appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that on the court's own motion, the inadvertent order of February 21, 2017, which dismissed the appeal is vacated; and it is further,
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the appellant's motion is granted and appellant shall perfect the appeal by April 17, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 17, 2017, the court, on its own motion, may dismiss the appeal, or respondents , may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk