| Cella v Smith |
| Motion No: 2015-02426 |
| Slip Opinion No: 2016 NY Slip Op 67635(U) |
| Decided on March 18, 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
M208221
E/sl
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
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2015-02426 Richard M. Cella, et al., respondents-appellants, v Harold E. Smith, et al., defendants, Dreskin & Dreskin, et al., appellants-respondents. (Matter No. 1) In the Matter of Alexander Cantwell, respondent, v Richard M. Cella, et al., appellants. (Matter No. 2) (Index Nos. 10785/08, LT 2668/14)
| DECISION & ORDER ON MOTION |
Motion by Richard M. Cella and Regina Gambella on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated December 16, 2014, to enlarge the time to perfect their appeal.
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 Dreskin & Dreskin, Edward A. Dreskin, P.C., and Edward A. Dreskin 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 motion is granted, the time of Richard M. Cella and Regina Gambella to perfect their appeal is enlarged until May 2, 2016, and the record or appendix on appeal and the appellants' brief shall be served and filed on or before that date.
HALL, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court