| Starker v Trump Village Section 4, Inc. |
| Motion No: 2015-03513 |
| Slip Opinion No: 2015 NY Slip Op 86604(U) |
| Decided on October 6, 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
M199769
J/ct
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2015-03513 Oscar Starker, appellant, v Trump Village Section 4, Inc., respondent, et al., defendants. (Index No. 7627/09)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated September 4, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 7, 2015, as untimely taken. Cross motion by the appellant to enlarge the time to perfect the appeal and for leave to prosecute the appeal on the original papers.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 26, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied.
RIVERA, J.P., ROMAN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court