Mitkowski v Marceda
Motion No: 2014-02252
Slip Opinion No: 2014 NY Slip Op 89127(U)
Decided on November 6, 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

M182390

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2014-02252

Bryan J. Mitkowski, appellant,

v Michael Marceda, respondent.

(Index No. 13-32828)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated December 18, 2013, on the ground that the right of direct appeal from the order terminated upon entry of a judgment in a certain related action. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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 application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 8, 2014, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court