Matter of Heavy Construction Co., Inc. v Metro Construction
Motion No: 2013-04192
Slip Opinion No: 2014 NY Slip Op 65460(U)
Decided on March 4, 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

M170397

J/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2013-04192

In the Matter of Heavy Construction Co., Inc.,

petitioner-respondent, v Metro Construction

Equities, Inc., respondent-respondent,

Frank DeMartino, appellant.

(Index No. 25257/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 7, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until April 21, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted.

ENG, P.J., DILLON, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court