| NYCTL 2009-A Trust v Kimball Group, LLC |
| Motion No: 2015-04666 |
| Slip Opinion No: 2017 NY Slip Op 75100(U) |
| Decided on May 26, 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. |
Appellate Division: Second Judicial Department
M231696
E/ct
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2015-04666 NYCTL 2009-A Trust, et al., appellants, v Kimball Group, LLC, defendant-respondent, et al., defendants; 2232 Kimball Holdings, LLC, nonparty-respondent. (Index No. 8870/10)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 17, 2015, on the ground that the appellants did not serve it with the notice of appeal or the record on appeal, and the appellants' brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before June 9, 2017, the appellants serve the notice of appeal, which was timely filed (see CPLR 5520[a]), as well as the record on appeal and the appellants' brief, upon the nonparty-respondent; and it is further,
ORDERED that on the Court's own motion, the nonparty-respondent shall serve and file a brief, if any, on or before July 10, 2017.
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court