| Barr v Bentley Motors Limited |
| Motion No: 2016-11725 |
| Slip Opinion No: 2017 NY Slip Op 71201(U) |
| Decided on April 20, 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. |
Appellate Division: Second Judicial Department
M229731
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-11725, 2016-12410 Thomas Barr IV, appellant, v Bentley Motors Limited, et al., respondents. (Index No. 601718/16)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated October 25, 2016, and November 3, 2016, respectively.
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 from the order dated October 25, 2016, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the order dated November 3, 2017, is enlarged until July 25, 2017, the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date, and the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court