Schwartz v Leaf, Salzman, Manganelli, Pfiel & Tendler, L
Motion No: 2015-01663
Slip Opinion No: 2015 NY Slip Op 74657(U)
Decided on June 1, 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

M193083

U/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-01663

Madeleine E. Schwartz, et al., appellants,

v Leaf, Salzman, Manganelli, Pfiel &

Tendler, LLP, et al., respondents.

(Index No. 5289/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated May 19, 2015, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant Madeleine E. Schwartz pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect her appeal from an order of the Supreme Court, Nassau County, dated November 6, 2014. Separate application by the plaintiff Cam Computer Supplies, Inc., to enlarge the time to perfect its appeal.

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

ORDERED that the application by the appellant Madeleine E. Schwartz is granted, the time to perfect that appeal is enlarged until August 3, 2015, the record or appendix and Madeliene E. Schwartz's brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion the appeal by Cam Computer Supplies, Inc., is dismissed, without costs or disbursements, as no appeal lies from an order entered on the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the application by Cam Computer Supplies, Inc., is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court