| Matter of Wenger v L.A. Wenger Contracting Co., Inc. |
| Motion No: 2011-10929 |
| Slip Opinion No: 2012 NY Slip Op 83931(U) |
| Decided on September 13, 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. |
Appellate Division: Second Judicial Department
M142745
S/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2011-10929 In the Matter of David Wenger, respondent- appellant, v L.A. Wenger Contracting Co., Inc., et al., appellants-respondents. (Action No. 1) In the Matter of L.A. Wenger Contracting Co., Inc., et al., appellants-respondents, v David Wenger, respondent-appellant. (Action No. 2) (Index Nos. 31701-08, 2149-09)
| DECISION & ORDER ON MOTION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered October 24, 2011.
Upon the papers filed in support of the application and no papers having been filed in opposition 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][1]) and prior orders of this Court; and it is further,
ORDERED that the application is granted the respondent-appellant's time to perfect his appeal is enlarged until September 28, 2012, and the record or appendix on appeal and the respondent-appellant's brief must 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