| Manufacturers & Traders Trust Co. v Foy |
| Motion No: 2006-03202 |
| Slip Opinion No: 2006 NYSlipOp 81731(U) |
| Decided on December 12, 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
M48087
E/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-03202 Manufacturers & Traders Trust Co., respondent, v Lawrence B. Foy, et al., appellants, et al., defendants. (Index No. 45908/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 27, 2006, for failure to timely perfect same in accordance with the rules of the court or on the ground that the appeal is frivolous. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged until February 9, 2007, 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 order is appealable as of right as it decides a motion made on notice (see CPLR 5701[a][2]).
CRANE, J.P., RIVERA, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court