| Volodarsky v Moonlight Ambulette Service, Inc. |
| Motion No: 2012-07533 |
| Slip Opinion No: 2013 NY Slip Op 74242(U) |
| Decided on May 20, 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
M156550
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
SYLVIA HINDS-RADIX, JJ.
|
2012-07533 David Volodarsky, etc., appellant- respondent, v Moonlight Ambulette Service, Inc., et al., respondents-appellants. (Index No. 25484/08)
| DECISION & ORDER ON MOTION |
Motion by the defendants on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 15, 2012, to enlarge the time to perfect their appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by the plaintiff is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is granted, the defendants' time to perfect their appeal is enlarged until July 19, 2013, and the record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the defendants' brief must be served and filed on or before that date.
DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court