| Passarella v Passarella |
| Motion No: 2010-11743 |
| Slip Opinion No: 2011 NY Slip Op 82525(U) |
| Decided on September 1, 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
M124678
E/ct
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-11743 Jan Passarella, appellant, v Frederick Passarella, respondent. (Index No. 200261/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 22, 2010, on the ground that no appeal lies from the denial of a motion for leave to reargue. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 the motion is denied without prejudice to raising the issue in the respondent's brief; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 30, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court