| Matter of Gentile v Capra |
| Motion No: 2016-13121 |
| Slip Opinion No: 2017 NY Slip Op 74865(U) |
| Decided on May 25, 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
M231687
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-13121 In the Matter of Joseph Gentile, appellant, v Michael Capra, respondent. (Index No. 170/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated December 1, 2016, to extend the time to comply with a decision and order on motion of this Court dated March 2, 2017, which directed him to serve and file a notice of appeal in the Supreme Court, Westchester County, and file proof of filing with this Court on or before a date certain.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary as the notice of appeal was served and filed in compliance with the decision and order on motion dated March 2, 2017; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until July 31, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
DILLON, J.P., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court