| Curreri v New Town and Country Corporation |
| Motion No: 2007-04753 |
| Slip Opinion No: 2008 NYSlipOp 68016(U) |
| Decided on March 31, 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
M68374
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2007-04753, 2007-04754 Joseph Curreri, et al., appellants, v New Town and Country Corporation, defendant third-party plaintiff-respondent; Heidi Construction Corporation, et al., third-party defendants-respondents. (Appeal No. 1) Joseph Curreri, et al., appellants, v Heidi Construction Corporation, defendant third-party plaintiff-respondent; William Foronjy, third-party defendants-respondents. (Appeal No. 2) (Index Nos. 13671/03, 3462/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2008 Calendar," dated March 4, 2008, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, entered April 30, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to consolidate the appeal with an appeal from a judgment of the same court also entered April 30, 2007, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated March 4, 2008, as dismissed the appeal under Appellate Division Docket No. 2007-04753, is recalled and vacated; and it is further,
ORDERED that the parties shall serve and file 10 copies of the record on appeal and the briefs; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until May 15, 2008, and the record or appendix on appeal 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.
PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court