Dedvukaj v Parlato
Motion No: 2014-04329
Slip Opinion No: 2015 NY Slip Op 71526(U)
Decided on April 28, 2015
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

M191326

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-04329, 2014-05699

Victor Dedvukaj, et al., appellants,

v Ronald H. Parlato, et al., defendants,

Shell Builders Corp., respondent.

(Index No. 30257/09)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated February 24, 2015, and a judgment of the same court entered March 7, 2014.

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

ORDERED that on the Court's own motion, the appeal from the order (Appellate Division Docket No. 2014-04329) is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeal from the judgment is enlarged until May 29, 2015, the record or appendix and the appellant's brief on that appeal must be served and filed on or before that date, and the motion is otherwise denied as academic.

DILLON, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court