Harleysville Worcester Insurance Co. v Duane Reade, Inc.
Motion No: 2013-05586
Slip Opinion No: 2013 NY Slip Op 91725(U)
Decided on November 19, 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

M165177

S/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-05586

Harleysville Worcester Insurance Co. etc.,

et al., plaintiffs-respondents, Mahmoud Ghanem,

et al., appellants-respondents, v Duane Reade,

Inc., et al., defendants-respondents, 3712

Junction Boulevard Associates, LP, et al.,

respondents-appellants, et al., defendants.

(Index No. 15603/10)

DECISION & ORDER ON MOTION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 14, 2013.

Upon the papers filed in support of the application and the papers filed in relation 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 of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the application is granted, the respondents-appellants' time to perfect their appeal is enlarged until December 23, 2013, and the record or appendix on the appeal and the respondents-appellants' brief must be served and filed on or before that date.

DILLON, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court