Appellate Division: Second Judicial Department

M241881

E/afa

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2017-08450 Vanderbilt Brookland, LLC, plaintiff- respondent, v Vanderbilt Myrtle, Inc., appellant, Cumberland Farms, Inc., et al., defendants-respondents. (Index No. 500522/14)

DECISION & ORDER ON MOTION

Motion by Vanderbilt Myrtle, Inc., inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 23, 2016, for a protective order, and to enlarge the time to perfect the appeal. Cross motion by the plaintiff-respondent to dismiss the appeal as untimely taken and for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until January 29, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court