Palmieri v Fred Shore Beach Club, Inc., also known as Fre
Motion No: 2014-01084
Slip Opinion No: 2015 NY Slip Op 94171(U)
Decided on December 18, 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

M203461

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2014-01084, 2014-02589

Paul Palmieri, appellant, v Fred Shore

Beach Club, Inc., also known as Fred Shore

Club, Inc., et al., respondents, et al.,

defendants.

(Index No. 1808/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Suffolk County, entered December 24, 2013, and an order of the same court dated October 18, 2013. Cross motions by the respondent to impose a sanction upon the appellant for continuing to prosecute the appeals under Appellate Division Docket No. 2014-01084 and Appellate Division Docket No. 2014-02589, respectively, based on a stipulation entered into between the parties on October 20, 2013.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals are 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 cross motions are denied.

RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court