Appellate Division: Second Judicial Department

M128609

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-05800 Daniela Cassano, plaintiff, v Domenico Cassano, respondent; Jones, LLP, formerly known as Jones Garneau, LLP, nonparty-appellant. (Index No. 13834/08)

DECISION & ORDER ON MOTION

Motion by Jones, LLP, formerly known as Jones Garneau, LLP, to amend the notice of an appeal from an order of the Supreme Court, Westchester County, entered May 6, 2011, to reflect that it is the proper appellant, and to withdraw the appeal on behalf of Daniela Cassano. Cross motion by the respondent to impose a sanction upon Jones, LLP, formerly known as Jones Garneau, LLP, and for an award of an attorney's fee. Application by the appellant 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 papers filed in opposition and in relation thereto, upon the papers filed in support of the cross 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 branch of the motion which is to amend the notice of appeal is granted and the notice of appeal is deemed amended to reflect that Jones, LLP, formerly known as Jones Garneau, LLP, is the proper appellant (see CPLR 2001); and it is further,

ORDERED that the branch of the motion which is to withdraw the appeal on behalf of Daniela Cassano is denied as unnecessary; and it is further,

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 6, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court