Fileccia v Brafman
Motion No: 2012-05295
Slip Opinion No: 2012 NY Slip Op 92328(U)
Decided on December 4, 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

M147572

E/ct

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-05295

Robert J. Fileccia, et al., appellants,

v Benjamin Brafman, et al., respondents.

(Index No. 103413/11)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 21, 2012, 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 motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 4, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court