| Matter of Liguori v Katen |
| Motion No: 2011-01921 |
| Slip Opinion No: 2011 NY Slip Op 72339(U) |
| Decided on May 10, 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
M119645
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2011-01921 In the Matter of Frank Liguori, et al., appellants, v Doreen Ann Katen, respondent. (Index No. 11965-10)
| DECISION & ORDER ON MOTION |
Appeal by Frank Liguori and Real Happy Days from an order of the Supreme Court, Suffolk County, dated September 23, 2010. By decision and order on motion of this Court dated April 1, 2011, the appellants' motion, in effect, pursuant to CPLR 5520(a) to extend the time to file a notice of appeal was granted and appellants' time to file the notice of appeal, which was timely served, was extended until April 15, 2011. The appellants failed to file the notice of appeal in accordance with the decision and order on motion of this Court.
On the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as untimely taken (see CPLR 5513[a]).
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court