| Aurora Industries, Inc. v Halwani |
| Motion No: 2008-04596 |
| Slip Opinion No: 2009 NYSlipOp 68998(U) |
| Decided on April 8, 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
M84946
E/nl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
ANITA R. FLORIO
ARIEL E. BELEN, JJ.
|
2008-04596
Aurora Industries, Inc., et al., appellants- respondents, v Sion Halwani, respondent- appellant, et al., defendant. (Index No. 6450/05)
| DECISION & ORDER ON MOTION |
Motion by Sion Halwani on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 7, 2008, to dismiss the appeal of Aurora Industries, Inc., and Joseph Barsano for failure to timely perfect, and to enlarge the time to perfect his cross appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal of Aurora Industries, Inc., and Joseph Barsano is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e][1]); and it is further,
ORDERED that the time to perfect the appeal of Sion Halwani is enlarged until June 8, 2009, and the record or appendix on the appeal and his brief must be served and filed on or before that date.
SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court