Joe DeMartino Mason Contractors & Sons, Inc. v Main Pla
Motion No: 2010-08226
Slip Opinion No: 2011 NY Slip Op 73925(U)
Decided on May 26, 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

M120683

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-08226, 2011-03598

Joe DeMartino Mason Contractors & Sons,

Inc., respondent, v Main Plaza Realty Co.,

et al., appellants, et al., defendants.

(Index No. 342/05)

DECISION & ORDER ON MOTION

Motion by the appellant Pat Pescatore to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, entered July 15, 2010, and an appeal from an order of the same court entered March 21, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order entered July 15, 2010, is granted, the appellants' time to perfect the appeals from the order entered July 15, 2010, is enlarged until June 29, 2011, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order entered March 21, 2011, is denied as premature.

COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court