| Vitarelle v Vitarelle |
| Motion No: 2008-01844 |
| Slip Opinion No: 2008 NYSlipOp 91138(U) |
| Decided on December 4, 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
M79389
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2008-01844 Richard T. Vitarelle, Sr., appellant, v Eileen Vitarelle, et al., respondents.
(Index No. 13361-04)
| DECISION & ORDER ON MOTION |
Motion by the respondents for (1) leave to reargue their motion to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated December 5, 2006, on the ground that it was untimely taken, or (2) to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until January 5, 2009, and the respondents' brief must be served and filed on or before that date.
SKELOS, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court