Robinson v Viani
Motion No: 2014-00384
Slip Opinion No: 2015 NY Slip Op 76881(U)
Decided on June 19, 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

M194306

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2014-00384

Lorraine Robinson, et al., respondents-appellants,

v Robert Viani, appellant-respondent, World Gym

Poughkeepsie, Inc., et al., respondents.

(Index No. 3180/09)

DECISION & ORDER ON MOTION

2014-10830

Lorraine Robinson, et al., respondents-appellants,

v Robert Viani, et al., appellants-respondents,

et al., defendants.

(Index No. 3180/09)

Motion by Robert Viani and World Gym Poughkeepsie, Inc., to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated August 25, 2014, to enlarge the record to include the record filed in connection with an appeal and cross appeal from an order of the same court dated October 25, 2013, or for this Court to take judicial notice of the material in that record, and to hear the appeals and cross appeals together.

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 the branch of the motion which is to enlarge the time to perfect the appeal and cross appeal from the order dated August 25, 2014, is granted, the appellants-respondents' time to perfect that appeal is enlarged until July 22, 2015, and the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to calendar the appeals and cross appeals together is granted, and the appeals and cross appeals will be argued or submitted on the same day; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., HALL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court