Appellate Division: Second Judicial Department

M260433

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-02896 Ira Daniel Tokayer, respondent-appellant, v Oleg Kobylevsky, et al., appellants- respondents, et al., defendant. (Index No. 7178/10)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to extend the time to perfect an appeal from an order of the Supreme Court, Queens County, entered December 19, 2017. Cross motion by the respondent-appellant to impose a sanction upon the appellants-respondents and their counsel, and for an award of costs in connection with the appellants-respondents' motion to extend the time to perfect the appeal. Separate motion by the appellants-respondents pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). Cross motion by the respondent-appellant to impose a sanction upon the appellants-respondents and their counsel, and for an award of costs in connection with the appellants-respondents' motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal. Separate motion by the appellants-respondents, inter alia, strike from "the [r]ecord" a certain unsigned order.

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

ORDERED that the motion to vacate the dismissal of the appeal is denied; and it is further,

ORDERED that the cross motions are denied; and it is further,

ORDERED that the motions to extend the time to perfect the appeal and, inter alia, strike from "the [r]ecord" a certain unsigned order are denied as academic.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court