| Baharestani v Baharestani |
| Motion No: 2010-06574 |
| Slip Opinion No: 2011 NY Slip Op 65435(U) |
| Decided on March 1, 2011 |
| 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
M115660
B/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2010-06574 Franklin Baharestani, appellant-respondent, v George Baharestani, et al.; respondents- appellants, et al., defendant, Bahram Kamali, intervenor-respondent. (Index No. 27501/97)
| DECISION & ORDER ON MOTION |
Application by George Baharestani and Martin Baharestani on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 29, 2010, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by Franklin Baharestani is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,
ORDERED that the application is granted to the extent that the time of George Baharestani and Martin Baharestani to perfect is enlarged until March 24, 2011, the record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the brief of George Baharestani and Martin Baharestani must be served and filed on or before that date, and the application is otherwise denied.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court