| Wehrheim v McGovern-Barbash Associates, LLC |
| Motion No: 2016-06588 |
| Slip Opinion No: 2016 NY Slip Op 95620(U) |
| Decided on December 29, 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
M223623
S/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-06588 John Wehrheim, et al., appellants-respondents, v McGovern-Barbash Associates, LLC, et al., defendants third-party plaintiffs-respondents, et al., defendants; Newbridge Electric of L.I. Corp., third-party defendant-respondent-appellant. (Index No. 35912/07)
| DECISION & ORDER ON MOTION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2015.
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 on the Court's own motion, the appeal by the appellants-respondents is dismissed, without costs or disbursements, as the appellants-respondents are not aggrieved by the order dated August 3, 2015 (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,
ORDERED that the application is granted, the respondent-appellant's time to perfect its appeal is enlarged until February 21, 2017, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court