| Maureen Cantone v Anthony Coiro & Julie Coiro |
| Motion No: 2014-01649 KC |
| Slip Opinion No: 2014 NY Slip Op 90909(U) |
| Decided on November 6, 2014 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Maureen Cantone, Respondent, v Anthony Coiro and Julie Coiro, Appellants. |
Motion by respondent to dismiss an appeal to the Appellate Term, First Department, from a final judgment of the Civil Court of the City of New York, Kings County, entered December 13, 2013, for failure to prosecute, and to amend the notice of appeal to reflect that the appeal is to this court. Separate motion by appellants for an enlargement of time to serve and file papers in opposition to respondent's motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellants' motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion and appellants' motion are dismissed without prejudice to appellants moving in the Civil Court for leave to amend the notice of appeal (see El Dorado Aluminum Prods., Inc. v Jeros, 15 AD2d 781 [1962]).
ENTER:
Paul Kenny
Chief Clerk