Del Vecchio v Danielle Associates, LLC
Motion No: 2011-11727
Slip Opinion No: 2012 NY Slip Op 79441(U)
Decided on July 20, 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

M141036

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

ARIEL E. BELEN, JJ.

2011-11727

John A. Del Vecchio, et al., plaintiffs-respondents,

v Danielle Associates, LLC, defendant third/fourth-party

plaintiff-appellant, et al., defendant; et al., third-party

defendant; Groundwater & Environmental Services, Inc.,

fourth-party defendant-respondent.

(Index No. 28982/08)

DECISION & ORDER ON MOTION

Motion by the fourth-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 27, 2011, for failure to timely perfect.

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

ORDERED that the motion is denied in light of the order on application of this Court dated May 30, 2012, which granted the appellant an extension of time to perfect the appeal until July 20, 2012.

RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court