| Petrozzino v Petrozzino |
| Motion No: 2008-05590 |
| Slip Opinion No: 2008 NYSlipOp 76963(U) |
| Decided on July 3, 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
M72708
E/cb
DAVID S. RITTER, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-05590 Salvatore Petrozzino, respondent, v Roseanne Petrozzino, appellant. (Index No. 502/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, entered March 24, 2008, and to extend the time to serve and file the notice of appeal pursuant to CPLR 5520.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to extend the time to serve and file the notice of appeal is denied (see CPLR 5513); and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court