| Mazzurco v Astoria Federal Savings Loan Association |
| Motion No: 2015-00354 |
| Slip Opinion No: 2016 NY Slip Op 61198(U) |
| Decided on January 14, 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
M203852
S/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2015-00354, 2015-07283 Vincent Mazzurco, appellant-respondent, v Astoria Federal Savings Loan Association, respondent-appellant, PII Sam, et al., respondents. (Index No. 22257/13)
| DECISION & ORDER ON MOTION |
Motion by Vincent Mazzurco on appeals and cross appeals from two orders of the Supreme Court, Queens County, entered October 31, 2014, and April 23, 2015, respectively, to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal by Vincent Mazzurco from so much of the order entered April 23, 2015, as denied his motion for reargument is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of Vincent Mazzurco to perfect the appeal from the order entered April 23, 2015, is denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of Vincent Mazzurco to perfect the appeal from the order entered October 31, 2014, is granted and, on or before February 10, 2016, Vincent Mazzurco shall perfect that appeal in accordance with the rules of this Court (see 22 NYCRR 670.8[c]) without prejudice to making a motion to dismiss the cross appeal from the order entered October 31, 2014, if the respondent-appellant Astoria Federal Savings Loan Association fails to cooperate in the preparation of the joint record or appendix as required by the rules of this Court (see 22 NYCRR 670.8[c][1]); and it is further,
ORDRED that on the Court's own motion, the time of Astoria Federal Savings Loan Association to perfect the appeal from the order entered April 23, 2015, is granted, the time of Astoria Federal Savings Loan Association to perfect that appeal is enlarged until February 10, 2016, and the record or appendix on that appeal, and the brief of Astoria Federal Savings Loan Association must be served and filed on or before that date.
DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court