| Avalon, LLC v Herzfeld & Rubin, P.C. |
| Motion No: 2006-00518 |
| Slip Opinion No: 2006 NYSlipOp 75851(U) |
| Decided on September 15, 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
M44584
G/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2006-00518 Avalon, LLC, respondent, v Herzfeld & Rubin, P.C., appellant. (Index No. 8776/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 14, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the cross appeal is dismissed, without costs or disbursements (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court