| Allen v Leon D. DeMatteis Construction Corp. |
| Motion No: 2015-03191 |
| Slip Opinion No: 2015 NY Slip Op 83906(U) |
| Decided on September 9, 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
M198189
E/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2015-03191 Edward A. Allen, et al., appellants-respondents, v Leon D. DeMatteis Construction Corp., respondent-appellant, et al., respondents (and third-party actions). (Index No. 10335/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated December 11, 2014, to dismiss the cross appeal on the ground that the respondent-appellant is not aggrieved, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the cross appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the time to perfect the appeal is enlarged until October 9, 2015.
LEVENTHAL, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court