Tenaglia v Tenaglia
Motion No: 2008-02453
Slip Opinion No: 2014 NY Slip Op 64607(U)
Decided on February 25, 2014
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

M169962

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2008-02453

Denise DeNobile Tenaglia, respondent,

v Joseph Tenaglia, appellant.

(Index No. 27991/01)

DECISION & ORDER ON MOTION

Renewed motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, entered January 29, 2008, for summary reversal on the ground that certain minutes of the trial proceedings cannot be reconstructed, and to enlarge the time to perfect the appeal.

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 which is for summary reversal is denied, without prejudice to either party raising any appropriate argument in his or her brief concerning the adequacy of the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 25, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court