| Gusler v Klein |
| Motion No: 2015-05293 |
| Slip Opinion No: 2016 NY Slip Op 61015(U) |
| Decided on January 13, 2016 |
| 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
M204751
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2015-05293 Jay Gusler, respondent, v Corey Klein, et al., appellants. (Index No. 8293/14)
| DECISION & ORDER ON MOTION |
Motion by Jay Gusler to extend the time to file a notice of appeal from an order of the Supreme Court, Nassau County, entered April 8, 2015, which was timely served. Cross motion by Corey Klein and Robert Agosti to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic; and it is further,
ORDERED that on the Court's own motion, the appeal by Corey Klein and Robert Agosti is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).
BALKIN, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court