| Rafael Ventura & Ceasar Ventura, Infants By Their Mother & Natural Guardian, Altagracia Ventura & Altagracia Ventura, Individually v Malachai Fischer |
| Motion No: 2006-01298 KC |
| Slip Opinion No: 2006 NYSlipOp 75688(U) |
| Decided on September 18, 2006 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| RAFAEL VENTURA and CEASAR VENTURA, Infants by their Mother and Natural Guardian, ALTAGRACIA VENTURA and ALTAGRACIA VENTURA, Individually , Respondents, -against- MALACHAI FISCHER, Appellant. |
DECISION
Motions by appellant returnable August 4, 2006, and cross motion by respondents are hereby consolidated for purposes of disposition.
That branch of the motion by appellant to permit this appeal to be perfected by using appendix method is denied (see 22 NYCRR 731.1 [a]; CCA 1704).
That branch of the motion for an enlargement of time to perfect the appeal is granted and appeal shall be perfected by December 1, 2006.
Cross motion by respondents to dismiss appeal to the extent that it raises any issues from the order dated June 8, 2004, is denied without prejudice to respondents raising said argument on appeal.
Ordered that in the event the appeal is not perfected on or before December 1, 2006, the court on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.