| Colletti v Deutsch |
| Motion No: 2014-07001 |
| Slip Opinion No: 2015 NY Slip Op 82661(U) |
| Decided on August 25, 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. |
Appellate Division: Second Judicial Department
M197473
E/ct
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2014-07001, 2014-08496 Paul Colletti, et al., appellants, v Ezra Deutsch, etc., et al., respondents. (Index No. 22229/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2015 Calendar," dated June 10, 2015, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, dated July 22, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, or, in the alternative, pursuant to CPLR 5520(c) to deem a notice of appeal from an order of the Supreme Court, Suffolk County, dated March 5, 2014, to be a premature notice of appeal from the judgment, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order 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 branch of the motion which is to recall and vacate so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the judgment is granted, so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the judgment is recalled and vacated, and that appeal is reinstated; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted, the appellants' time to perfect the appeal from the judgment is enlarged until September 24, 2015, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court