| Drago v Gambino |
| Motion No: 2005-08205 |
| Slip Opinion No: 2006 NYSlipOp 68948(U) |
| Decided on May 18, 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
M39778
Y/mv
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-08205 Giuseppe Drago, et al., appellants, v Charles Gambino, respondent. (Index No. 12715/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 23, 2005, for failure to timely perfect the same in accordance with the rules of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellants' time to perfect the appeal is enlarged until July 7, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
We note that the appellants must appear either individually pro se or by an attorney (see CPLR 3321).
SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court