Goldstein v Last
Motion No: 2012-11546
Slip Opinion No: 2013 NY Slip Op 86852(U)
Decided on October 1, 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

M163045

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-11546

Leonard B. Goldstein, etc., respondent-appellant,

v Fred C. Last, etc., et al., appellants-respondents,

et al., respondent.

(Index No. 50644/09)

DECISION & ORDER ON MOTION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2012.

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

ORDERED that on the Court's own motion, the appeal by the appellants-respondents is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this Court; and it is further,

ORDERED that the application is granted and the respondent-appellant's time to perfect the appeal is enlarged until November 25, 2013, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court