| Eckman v Cipolla |
| Motion No: 2009-06820 |
| Slip Opinion No: 2010 NY Slip Op 62254(U) |
| Decided on February 1, 2010 |
| 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
M98034
S/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2009-06820
Susan Eckman, etc., et al., appellants, v Anthony Cipolla, etc., et al., respondents. (Index No. 26282/05)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Frank R. Maurio to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 19, 2009, insofar as asserted against him on the ground that his motion for summary judgment was not opposed. Applications by the remaining respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the applications, it is
ORDERED that the motion is granted and the appeal insofar as asserted against the respondent Frank R. Maurio is dismissed, without costs or disbursements; and it is further,
ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until March 2, 2010, and the respondents' briefs must be served and filed on or before that date.
PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court