Nathanson v BB&BB Management Corporation
Motion No: 2010-00942
Slip Opinion No: 2010 NY Slip Op 83582(U)
Decided on September 28, 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

M108679

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-00942

Arthur Nathanson, et al., appellants,

v BB & BB Management Corporation,

et al., respondents.

(Index No. 06-5554)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated October 23, 2009, as untimely taken. By decision and order dated March 22, 2010, the matter was remitted to the Supreme Court, Orange County, to hear and report on when the respondents served the order dated October 23, 2009, with notice of entry on the appellants, and the respondents' motion was held in abeyance in the interim. The Supreme Court, Orange County, has filed its report dated July 14, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Orange County, dated August 2, 2010, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until November 29, 2010, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court