Barone v Concert Service Specialist, Inc.
Motion No: 2013-00837
Slip Opinion No: 2013 NY Slip Op 86159(U)
Decided on September 24, 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

M162643

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-00837

James C. Barone, et al., appellants,

v Concert Service Specialist, Inc.,

et al., respondents.

(Index No. 10509/11)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 14, 2012, which was dismissed by decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2013 Calendar," dated August 5, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect. Cross motion by the respondent 4Fini, Inc., inter alia, to dismiss the appeal for failure to timely perfect and for an award of costs. Separate motion by the appellant to recall and vacate the decision and order on motion of this Court dated August 5, 2013, to withdraw the appeal insofar as taken against the respondent 4Fini, Inc., and to enlarge the time to perfect the appeal insofar as taken against the respondent Concert Service Specialist, Inc.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, and so much of the decision and order on motion of this Court dated August 5, 2013, as dismissed the appeal, is recalled and vacated; and it is further,

ORDERED that the appeal is deemed withdrawn insofar as taken against the respondent 4Fini, Inc.; and it is further,

ORDERED that the appeal is reinstated insofar as taken against the respondent Concert Service Specialist, Inc., the appellants' time to perfect the appeal is enlarged until November 22, 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 cross motion is denied.

SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court