| Dfs of Springfield, Inc. v Frank Dimartino Et Al. |
| Motion No: 2012-00614 qc |
| Slip Opinion No: 2013 NY Slip Op 86908(U) |
| Decided on September 26, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| DFS of Springfield, Inc., Respondent, v Frank DiMartino et al., Appellants, et al., Undertenants. |
Motion by appellants for an enlargement of time to move for leave to reargue an appeal from an order of the Civil Court of the City of New York, Queens County, entered January 18, 2012, which was determined by decision and order of this court dated June 27, 2013, for an enlargement of time to move for leave to appeal to the Appellate Division from that decision and order, and, upon such enlargements, for leave to reargue the appeal or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking an enlargement of time to move for leave to appeal to the Appellate Division is denied as unnecessary, as the branch of the motion seeking leave to appeal was timely (see CPLR 2103 [b] [2]; 5513); and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to move for leave to reargue is granted; and it is further,
ORDERED that the branches of the motion seeking leave to reargue or, in the alternative, leave to appeal to the Appellate Division are denied.
ENTER:
Paul Kenny
Chief Clerk