| D'Ambrosio v Racanelli |
| Motion No: 2014-06137 |
| Slip Opinion No: 2014 NY Slip Op 91535(U) |
| Decided on December 3, 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. |
Appellate Division: Second Judicial Department
M183657
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-06137 John P. D'Ambrosio, appellant, v Frank Racanelli, et al., defendants; Belair & Evans, LLP, nonparty-respondent. (Index No. 08-17958)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered April 22, 2014, "pursuant to 22 NYCRR 670.8(e)(1) for failure of prosecution."
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the nonparty-respondent's time to serve and file a brief is enlarged until January 5, 2015, and the nonparty-respondent's brief must be served and filed on or before that date.
BALKIN, J.P., COHEN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court