Barnaby v Incorporated Village of Sea Cliff
Motion No: 2012-05096
Slip Opinion No: 2013 NY Slip Op 64151(U)
Decided on February 8, 2013
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

M150135

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-05096

Douglas Barnaby, et al., appellants-respondents,

v Incorporated Village of Sea Cliff, et al., respondents,

Wendy Rosow, etc., et al., respondents-appellants.

(Index No. 9081/11)

DECISION & ORDER ON MOTION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal from an order of the Supreme Court, Nassau County, entered March 29, 2012.

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

On the Court's own motion the appeal by the appellants-respondents is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the application is granted and the respondents-appellants' time to perfect their appeal is enlarged until February 20, 2013, and the record or appendix on the appeal and the respondents-appellants' brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court