J.C. Ryan Ebco/H&G, LLC v Cyber-Struct, Inc.
Motion No: 2013-09836
Slip Opinion No: 2014 NY Slip Op 67197(U)
Decided on March 24, 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

M171533

E/ct

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-09836

J.C. Ryan EBCO/H & G, LLC, etc., respon

v Cyber-Struct, Inc., et al., defendants, Lou

Zuccaro, etc., et al., appellants.

(Index No. 18549/03)

DECISION & ORDER ON MOTION

dent,
is

Motion by the defendant Cyber-Struct, Inc., and the appellants to deem the notice of an appeal from an order of the Supreme Court, Kings County, entered September 24, 2013, to include the defendant Cyber-Struct, Inc., as an additional appellant, and to enlarge the time to perfect the appeal. Separate motion by the defendant Cyber-Struct, Inc., and the appellants to stay enforcement of a judgment of the same court entered May 12, 2008, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion to deem the notice of appeal to include the defendant Cyber-Struct, Inc., as an additional appellant, and to enlarge the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to stay enforcement of the judgment and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to deem the notice of appeal to include the defendant Cyber-Struct, Inc., as an additional appellant, is denied without prejudice to serving and filing a notice of appeal on behalf of the defendant Cyber-Struct, Inc., in accordance with CPLR 5513; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until June 23, 2014, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion to stay enforcement of the judgment is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court