| Care v Fazio |
| Motion No: 2005-09362 |
| Slip Opinion No: 2006 NYSlipOp 71113(U) |
| Decided on June 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
M41342
O/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-09362 Raffaele Care, plaintiff, v Nazzarena Fazio, respondent; Giovanna Dizenzo, nonparty-appellant. (Index No. 04-12808)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 4, 2004, for failure to timely perfect the same.
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 appellant's time to perfect the appeal is enlarged until August 14, 2006, and the record or appendix on the appeal and the appellant's 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.
CRANE, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court