| Novak v Hertz |
| Motion No: 2005-11273 |
| Slip Opinion No: 2006 NYSlipOp 74515(U) |
| Decided on August 28, 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
M43795
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-11273 Robert Novak, et al., appellants, v Howard M. Hertz, etc., et al., respondents. (Index No. 11848-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Howard M. Hertz to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered October 28, 2005, on the ground that it was not timely perfected, and cross motion by the appellants to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until October 27, 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 the motion is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court