Appellate Division: Second Judicial Department

M256994

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2018-04354 X & Y Development Group, LLC, appellant, v Epic Tower, LLC, et al., respondents, et al., defendant. (Index No. 707065/16)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to extend the time to perfect an appeal from an order of the Supreme Court, Queens County, entered February 26, 2018. By order to show cause dated August 21, 2018, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice and leave to appeal has not been granted, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is extended until December 31, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court