Cioffi v S.M. Foods, Inc.
Motion No: 2014-10990
Slip Opinion No: 2015 NY Slip Op 78394(U)
Decided on July 7, 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

M195064

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2014-10990, 2015-02883

Frederick M. Cioffi, et al., appellants,

v S.M. Foods, Inc., et al., defendants third-party

plaintiffs-respondents, Atlanta Foods International,

et al., defendants-respondents, et al., defendant;

Village of Tuckahoe, et al., third-party

defendants-respondents.

(Index No. 55391/11)

DECISION & ORDER ON MOTION

Motion by the appellants for this Court to take judicial notice of certain Federal statutes and regulations as well as State laws on appeals from two orders of the Supreme Court, Westchester County, dated October 20, 2014, and March 4, 2015, respectively, for leave to file copies of the subject Federal statutes and regulations as well as State laws, and to enlarge the time to perfect the appeal from the order dated October 20, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for this Court to take judicial notice is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is for leave to file copies of the subject Federal statutes and regulations as well as State laws is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated October 20, 2014, is granted, the appellants' time to perfect that appeal is enlarged until September 8, 2015, and the record or appendix and the appellants' brief must be served and filed on or before that date.

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court