| Maccarone Plumbing, Inc. v Five Star 376 Larkfield Rd., LLC |
| Motion No: 2010-00174 sc |
| Slip Opinion No: 2013 NY Slip Op 91790(U) |
| Decided on November 15, 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 9th & 10th judicial Districts
BRUCE E. TOLBERT, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Maccarone Plumbing, Inc., Respondent, v Five Star 376 Larkfield Road, LLC Also Known as Larkfield Road Associates, Appellant, and North Fork Bank, Defendant. |
Motion by appellant to, in essence, vacate an order of this court dated September 16, 2013, which dismissed an appeal from an order of the Third District Court, Suffolk County, entered November 23, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted the court's order dismissing the appeal is vacated; and it is further
ORDERED on the court's own motion that the time to serve and file appellant's brief is hereby enlarged and appellant's brief shall be served and filed on or before November 27, 2013, and it is further.
ORDERED that no further enlargements shall be accepted by the court.
ENTER:
Paul Kenny
Chief Clerk