| Parlante v Cavallero |
| Motion No: 2008-09186 |
| Slip Opinion No: 2009 NY Slip Op 86415(U) |
| Decided on October 21, 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
M93424
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2008-09186, 2009-03672 Nicholas Parlante, et al., appellants, v Arthur Cavallero, etc., respondent. (Index No. 05-1287)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Westchester County, entered August 27, 2008, and an amended judgment of the same court entered December 12, 2008, for failure to timely perfect the appeals in accordance with the rules (see 22 NYCRR 670.8) and a prior order of this court dated August 17, 2009, or to enlarge the time to serve and file a brief.
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 dismiss the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 19, 2009, and the respondent's 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.
SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court