Ross v Cactus Academy, Ltd.
Motion No: 2013-11328
Slip Opinion No: 2014 NY Slip Op 77937(U)
Decided on July 16, 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

M177138

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2013-11328, 2014-00385

Margaret E. Ross, respondent,

v Cactus Academy, Ltd., et al., appellants.

(Index No. 600616/11)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal by Joseph Secretti from a judgment of the Supreme Court, Nassau County, entered October 31, 2013, and an appeal by Cactus Academy, Ltd., from an order of the same court dated October 7, 2013, to dismiss the appeal from the judgment as untimely taken and on the ground that Joseph Secretti is not aggrieved, and to dismiss the appeal by Cactus Academy, Ltd., for failure to timely perfect. Separate applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their respective appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the judgment on the ground that Joseph Secretti is not aggrieved is granted and the appeal from the judgment is dismissed insofar as taken by Joseph Secretti, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application by Joseph Secretti is denied as academic; and it is further,

ORDERED that the application by Cactus Academy, Ltd., is granted, and the time to perfect the appeal from the order is enlarged until August 15, 2014; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the judgment insofar as taken by Cactus Academy, Ltd., is enlarged until August 15, 2014.

RIVERA, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court