| Nechadim Corp. v Simmons |
| Motion No: 2016-12835 |
| Slip Opinion No: 2017 NY Slip Op 95962(U) |
| Decided on December 18, 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
M243457
E/afa
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2016-12835 Nechadim Corp., respondent, v Davie Simmons, etc., appellant, et al., defendants. (Index No. 612508/15)
| DECISION & ORDER ON MOTION |
2017-07127
Nechadim Corp., respondent,
v Davie Simmons, etc., appellant,
et al., defendants.
(Index No. 612508/15)
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2016, in effect, to amend so much of a decision and order on motion of this Court dated September 28, 2017, as conditioned a stay upon the perfection of an appeal from an order of the same court dated June 26, 2017, on or before October 30, 2017, and to consolidate the appeals.
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 October 26, 2016, is granted, the time to perfect the appeal is enlarged until January 19, 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 branch of the motion which is, in effect, to amend so much of a decision and order on motion of this Court dated September 28, 2017, as conditioned a stay upon the perfection of an appeal from an order of the same court dated June 26, 2017, on or before October 30, 2017, is granted and the decision and order on motion of this Court dated September 28, 2017, is amended by deleting from the decretal paragraphs thereof the date "October 30, 2017," and substituting therefor the date "January 19, 2018"; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1])
RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court