Mazzilli v Lombardi
Motion No: 2013-07093
Slip Opinion No: 2014 NY Slip Op 82353(U)
Decided on September 2, 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

M179154

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-07093

Joseph Mazzilli, appellant, v Charles M.

Lombardi, et al., respondents.

(Index No. 13276/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered June 12, 2013, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on 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 to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 2, 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 it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal is denied with leave to renew upon filing the requisite number of copies of the record or appendix (see 22 NYCRR 670.9) on appeal.

BALKIN, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court