| NYCTL 1996-1 Trust v Moore |
| Motion No: 2007-04161 |
| Slip Opinion No: 2008 NYSlipOp 62243(U) |
| Decided on January 29, 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
M65334
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2007-04161 NYCTL 1996-1 Trust, etc., et al., plaintiffs- respondents, v Rupert Moore, appellant, et al., defendants; Nasser Zar, Inc., nonparty- respondent. (Index No. 26071/98)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 26, 2007, for failure to timely perfect, and cross motion by the appellant to enlarge time to perfect that appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, the appellant's time to perfect the appeal enlarged until February 25, 2008, and the record on appeal and the appellant's 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 nonparty-respondent to dismiss the appeal is denied.
SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court