Morales v Turner Construction Corp.
Motion No: 2011-05558
Slip Opinion No: 2012 NY Slip Op 64268(U)
Decided on February 15, 2012
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

M133307

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-05558

Diana Morales, et al., appellants,

v Turner Construction Corp., et al., respondents.

(Index No. 22067/09)

DECISION & ORDER ON MOTION

Motion by the respondents Turner Construction Corp. and Botto Mechanical Corporation to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 20, 2011, for failure to timely perfect. Separate motion by the respondent S. DiGiacomo & Son, Inc., inter alia, to dismiss the appeal for failure to timely perfect. 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 motions and the application, and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 16, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court