Moffett v Caballero
Motion No: 2010-07755
Slip Opinion No: 2011 NY Slip Op 65542(U)
Decided on March 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115867

B/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-07755

Regina Moffett, appellant-respondent,

v Evan Caballero, et al., respondents,

Grand Service Co., Inc., et al., respondents-

appellants.

(Index No. 21437/09)

DECISION & ORDER ON MOTION

Application by Grand Service Co., Inc., and Jean Pierre on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated July 15, 2010, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect.

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 Regina Moffet is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8); and it is further,

ORDERED that the application is granted and the time of the appellants Grand Service Co., Inc., and Jean Pierre to perfect is enlarged until April 4, 2011, and the record or appendix on the appeal and the brief of Grand Service Co., Inc., and Jean Pierre must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court