Appellate Division: Second Judicial Department

M238883

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-10904 159-MP Corp., doing business as Food Town, appellant, v CAB Bedford, LLC, et al., respondents. (Index No. 509751/16)

DECISION & ORDER ON MOTION

2017-05697

159-MP Corp., doing business as Food

Town, respondent-appellant, v CAB

Bedford, LLC, appellant-respondent,

New York City Department of Buildings,

respondent.

(Index No. 509751/16)

Motion by 159-MP Corp., doing business as Food Town, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 18, 2016, and an appeal and cross appeal from an order of the same court dated April 28, 2017, and to consolidate the appeal from the order dated August 18, 2016, with the appeal and cross appeal from the order dated April 28, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated August 18, 2016, is granted, and the time to perfect that appeal is enlarged until November 22, 2017; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and cross appeal from the order dated April 28, 2017, is denied as premature; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated August 18, 2016 with the appeal and cross appeal from the order dated April 28, 2017, is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court