| Matone v Sycamore Realty Corp. |
| Motion No: 2008-06298 |
| Slip Opinion No: 2009 NYSlipOp 60920(U) |
| Decided on January 15, 2009 |
| 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
M81169
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2008-06298 John Matone, et al., respondents, v Sycamore Realty Corp., et al., appellants, et al., defendants.
(Index No. 21270/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Kings County, dated May 14, 2008, to dismiss the appeal of the appellant Sycamore Realty Corp. on the grounds of collateral estoppel and res judicata. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) 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 denied without prejudice to the respondents raising the issue in their brief; and it is further,
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 2, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
SKELOS, J.P., SANTUCCI, COVELLO, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court