Forest Mall, LLC v FKF3, LLC
Motion No: 2013-01068
Slip Opinion No: 2013 NY Slip Op 86163(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

M160680

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-01068

Forest Mall, LLC, et al., plaintiffs-respondents,

v FKF3, LLC, et al., defendants, John F. Magee,

appellant, Mitchell Klein, et al., defendants-

respondents.

(Index No. 10-7652)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, entered November 28, 2012, and to enlarge the record to include a prior order of the same court as well as a certain document. Application by the appellant 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 branch of the motion which is to enlarge the time to perfect the appeal and the application for that relief are granted, the appellant's time to perfect the appeal is enlarged until October 23, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SGROI, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court