Marchello v Perfect Little Productions, Inc.
Motion No: 2010-09976
Slip Opinion No: 2011 NY Slip Op 74899(U)
Decided on June 8, 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

M121321

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2010-09976

Anthony "Peppi" Marchello, plaintiff-respondent,

v Perfect Little Productions, Inc., et al., defendants

third-party plaintiffs-appellants; Anthony Marchello,

etc., third-party defendant-respondent.

(Index No. 5057/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 9, 2010, as untimely taken. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 22, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court