| Kajaine Estates, LLC v Napolitano, formerly known as Bur |
| Motion No: 2016-00710 |
| Slip Opinion No: 2016 NY Slip Op 79309(U) |
| Decided on July 12, 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
M214598
E/ct
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2016-00710 Kajaine Estates, LLC, respondent, v Catherine E. Napolitano, formerly known as Catherine Burton, appellant, et al., defendant. (Index No. 1917/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to recall and vacate an order on application of this Court dated April 15, 2016, which granted the appellant's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated September 23, 2015, and to dismiss the appeal on the ground, inter alia, that the order dated September 23, 2015, is not appealable. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
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 application 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 application is granted, the appellant's time to perfect the appeal is enlarged until August 11, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court