| Cava Construction Co., Inc. v Gealtec Remodeling Corp. |
| Motion No: 2007-05747 |
| Slip Opinion No: 2007 NYSlipOp 85578(U) |
| Decided on December 6, 2007 |
| 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
M63265
J/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
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2007-05747 DECISION & ORDER ON APPLICATION Cava Construction Co., Inc., appellant, v Gealtec Remodeling Corp., respondent. (Index No. 4339/05)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 18, 2007.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal from so much of the order as granted that branch of the respondent's cross motion which was to dismiss the cause of action based on breach of contract for failure to procure insurance is dismissed, without costs or disbursements, as no appeal lies from that portion of the order as it was entered on the default of the appealing party (see CPLR 5513; Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 29, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
CRANE, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court