Benjamin v Yeroushalmi
Motion No: 2016-05873
Slip Opinion No: 2017 NY Slip Op 77265(U)
Decided on June 16, 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

M232986

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2016-05873

Jim Benjamin, et al., appellants-respondents,

v Moussa Yeroushalmi, et al., respondents-

appellants, David Pour, et al., respondents.

(Index No. 3563/14)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 3, 2016.

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; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that on the Court's own motion, the respondents-appellants' time to perfect the cross appeal is enlarged until July 17, 2017, and the record on the cross appeal and the respondents-appellants' brief must be served and filed on or before that date.

ENG, P.J., LEVENTHAL, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court