| O'Neil v GEICO |
| Motion No: 2005-07616 |
| Slip Opinion No: 2006 NYSlipOp 63297(U) |
| Decided on February 27, 2006 |
| 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
M36369
T/nal
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-07616
Charles O'Neil, et al., appellants v GEICO, et al., respondents. (Index No. 23148/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated May 31, 2005, to dismiss the appeal on the ground that it was not timely taken. Cross motion by the appellants to deem the appeal to be timely taken nunc pro tunc. Application by the respondents to enlarge their time to serve and file a brief on the appeal.
Upon the papers submitted in support of the motion, the cross motion, the application, and the papers submitted in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic, as the appeal was timely taken; and it is further,
ORDERED that the application is granted, and the respondents' time to serve and file a brief is enlarged until March 27, 2006, and the respondents' brief shall be served and filed on or before that date.
CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court