Mad Den, Inc., doing business as Strega v Vaccarino

Mad Den, Inc., doing business as Strega v Vaccarino

Motion No: 2014-09624

Slip Opinion No: 2015 NY Slip Op 72667(U)

Decided on May 11, 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

M191889

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-09624
Mad Den, Inc., doing business as Strega,
et al., plaintiffs-respondents, v John A.
Vaccarino, et al., appellants-respondents,
Charles A. D'Agostino, respondent-appellant,
Manuel Ochoa, et al., defendants-respondents.
(Index No. 364/12)

DECISION & ORDER ON MOTION

Application by the respondents Mad Den, Inc., doing business as Strega, and Brian Madden, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Putnam County, dated July 23, 2014.

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 on the Court's own motion, the appeal by the appellants-respondents is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this Court; and it is further,

ORDERED that the application is granted, the applicants' time to serve and file a brief is enlarged until June 1, 2015, and the applicants' brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court