Atlantic Landscape Services, Inc. v Wille
Motion No: 2011-07399
Slip Opinion No: 2012 NY Slip Op 73721(U)
Decided on May 17, 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

M137844

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-07399

Atlantic Landscape Services, Inc., appellant-

respondent, v Brian C. Wille, et al.,

respondents-appellants.

(Index No. 19508-08)

DECISION & ORDER ON MOTION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 4, 2012.

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 on the Court's own motion the appeal by the appellant-respondent is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules (see 22 NYCRR 670.8[e]), and prior order of this Court; and it is further,

ORDERED that the application is granted and the respondents-appellants' time to perfect their appeal is enlarged until July 2, 2012, and the record or appendix on appeal and the respondents-appellants' brief shall be served and filed on or before that date.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court