Stewart v Heralall
Motion No: 2012-08495
Slip Opinion No: 2013 NY Slip Op 86492(U)
Decided on September 26, 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

M162872

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2012-08495

Michael Stewart, appellant,

v Sudkeo Heralall, et al., respondents.

(Index No. 17943/08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 31, 2012, for failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 10, 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 to dismiss an appeal is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court