Giordano v Zepp
Motion No: 2016-03620
Slip Opinion No: 2017 NY Slip Op 68829(U)
Decided on March 29, 2017
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

M228474

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-03620

Susan C. Giordano, appellant,

v Heather A. Zepp, et al., respondents.

(Index No. 9605/12)

DECISION & ORDER ON MOTION

Motion by the respondent Three Brothers Winery & Estates, LLC, to dismiss an appeal from an order of the Supreme Court, Orange County, dated January 6, 2016, for failure to timely perfect. Cross motion by the appellant 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 cross motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the cross motion is granted, the appellant's time to perfect the appeal is enlarged until April 28, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is denied.

BALKIN, J.P., COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court