Gavey v Cohen
Motion No: 2010-05999
Slip Opinion No: 2011 NY Slip Op 70559(U)
Decided on April 21, 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

M118965

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-05999

Shlomo Gavey, appellant, et al., plaintiffs,

v Richard Cohen, et al., respondents.

(Index No. 9217/01)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 24, 2010, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until May 23, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., SKELOS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court