| Fitzgerald v Conroy |
| Motion No: 2007-00777 |
| Slip Opinion No: 2008 NYSlipOp 61055(U) |
| Decided on January 15, 2008 |
| 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
M64888
E/sl
DAVID S. RITTER, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-00777 Aimee J. Fitzgerald, as executor of estate of Joseph Thomas Fitzgerald, et al., appellants, v William Conroy, et al., respondents. (Index No. 01-2455)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated December 6, 2006, on the ground that the appeal has not been timely perfected. Application by the appellants to enlarge the time to perfect that 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 application is granted, the appellants' time to perfect the appeal is enlarged until February 14, 2008, and the record or appendix and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion by the respondents to dismiss the appeal is denied.
RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court