| Siracusa v Fitterman |
| Motion No: 2012-05514 |
| Slip Opinion No: 2013 NY Slip Op 69237(U) |
| Decided on April 2, 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. |
Appellate Division: Second Judicial Department
M153941
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2012-05514 Kirsten Siracusa, plaintiff, v Glen Fitterman, etc., defendant; Steven S. Siegel, nonparty-respondent; Adam D. Glassman, nonparty-appellant. (Index No. 15990/08)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 21, 2012, on the ground that the notice of appeal fails to name the proper appellant, or to enlarge the time to serve and file his brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is amended to reflect that Adam D. Glassman is the proper appellant (see CPLR 2001); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the nonparty-respondent's time to serve and file a brief is enlarged until May 2, 2013, and the nonparty-respondent's brief must be served and filed on or before that date.
RIVERA, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court