Ejtmanowicz v Chin
Motion No: 2015-05587
Slip Opinion No: 2015 NY Slip Op 93921(U)
Decided on December 17, 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

M203381

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-05587

Marek Ejtmanowicz, respondent, v Donald

Chin, defendant third-party plaintiff-respondent-

appellant, et al., defendant; Yelena Siriks, et al.,

third-party defendants-appellants-respondents

(Index No. 25196/11)

DECISION & ORDER ON MOTION

Application by Donald Chin on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated February 20, 2015, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his appeal.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal by Yelena Siriks and Shulman's Cakes LLC, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the Donald Chin's time to perfect his appeal is enlarged until January 29, 2016.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court