Cantalino v Danner-Cantalino
Motion No: 2009-08070
Slip Opinion No: 2010 NY Slip Op 62721(U)
Decided on February 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98192

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-08070

Joann Cantalino, plaintiff-appellant,

v Jacqueline Danner-Cantalino, defendant

third-party plantiff-appellant; City of New

York, third-party defendant-respondent.

(Index No. 3126096)

DECISION & ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated June 8, 2009.

Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is

ORDERED that the appeal by the plaintiff is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order dated June 8, 2009 (see CPLR 5511); and it is further,

ORDERED that the application by the defendant third-party plaintiff-appellant is granted and that appellant's time to perfect the appeal is enlarged until May 3, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application by the plaintiff is denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court