Milan v Yonkers Raceway Corp
Motion No: 2013-01511
Slip Opinion No: 2013 NY Slip Op 88774(U)
Decided on October 18, 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

M163926

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-01511

Theodore Milan, appellant, v Yonkers

Raceway Corp., et al., respondents, et al.,

defendants.

(Index No. 99/10)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered December 21, 2012, for failure to timely perfect. 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 application, and the papers filed in opposition thereto, it is

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 18, 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 denied.

RIVERA, J.P., SKELOS, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court