Piemonte v JSF Realty, LLC
Motion No: 2015-05401
Slip Opinion No: 2016 NY Slip Op 70027(U)
Decided on April 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M209687

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-05401

Sebastian Piemonte, plaintiff,

v JSF Realty, LLC, appellant.

(Index No. 705236/13)

DECISION & ORDER ON MOTION

Motion by Sebastian Piemonte to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 26, 2015, on the ground that the appellant's appendix is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental appellant's appendix and to enlarge his time to serve and file a brief. Cross motion by the appellant to preclude Sebastian Piemonte from filing a brief as he is not a respondent on the appeal.

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

ORDERED that the motion is dismissed as Sebastian Piemonte is not a respondent on the appeal; and it is further,

ORDERED that the cross motion is granted.

AUSTIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court