| Butnik v Luna Park Housing Corp. |
| Motion No: 2018-02760 |
| Slip Opinion No: 2019 NY Slip Op 61198(U) |
| Decided on January 22, 2019 |
| 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
M259358
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-02760 Suellen Butnik, et al., appellants, v Luna Park Housing Corp., defendant third-party plaintiff-respondent, Technical Construction Services, Inc., defendant second third-party plaintiff-respondent; Toron Restoration Corp., third-party/second third-party defendant-respondent. (Index No. 502337/14)
| DECISION & ORDER ON MOTION |
2018-04630
Suellen Butnik, et al., appellants v Luna
Park Housing Corp., defendant third-party
plaintiff-respondent, Technical Construction
Services, Inc., defendant second third-party
plaintiff-respondent; Toron Restoration Corp.,
third-party/second third-party defendant-respondent.
(Index No. 502337/14)
Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Kings County, dated January 29, 2018, under Appellate Division Docket No. 2018-02760, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, and to consolidate that appeal with an appeal from a judgment of the same court dated February 20, 2018, under Appellate Division Docket No. 2018-04630.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment under Appellate Division Docket No. 2018-02760 and to extend the time to perfect that appeal are granted and the appellant's time to perfect the appeal is extended until February 22, 2019; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.
DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court