| Falk v Gallo |
| Motion No: 2012-05572 |
| Slip Opinion No: 2012 NY Slip Op 93055(U) |
| Decided on December 7, 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
M143673
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-05572 Jeffrey Falk, etc., et al., appellants, v Victor A. Gallo, et al., respondents. (Index No. 19472/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated April 3, 2012, for leave to retain as counsel for this appeal Allen H. Weiss, who had previously been disqualified from representing the appellants by an order of the same court entered July 8, 2009, which was affirmed by decision and order of this Court dated May 4, 2010. 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 the papers filed in opposition thereto, and 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 the motion is denied; and it is further,
ORDERED that the application is granted and the appellant's 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.
DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court