Trocchia v Mall at Smithaven, LLC
Motion No: 2011-11291
Slip Opinion No: 2012 NY Slip Op 74864(U)
Decided on May 31, 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

M138541

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-11291

Ellen Trocchia, respondent,

v Mall at Smithaven, LLC, et al., appellants.

(Index No. 35722-07)

DECISION & ORDER ON MOTION

Motion by Mall at Smithaven, LLC, Simon Property Group, Inc., and M.S. Management Associates, Inc., to amend a notice of an appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2011, to reflect that they are the proper party appellants, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until July 30, 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, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court