| Cioffi v S.M. Foods, Inc. |
| Motion No: 2015-12464 |
| Slip Opinion No: 2017 NY Slip Op 78431(U) |
| Decided on June 28, 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
M233673
E/sl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2015-12464 Frederick M. Cioffi, et al., appellants, v S.M. Foods, Inc., et al., defendants third-party plaintiffs-respondents, Altanta Foods International, et al., defendants- respondents; Village of Tuckahoe, et al., third-party defendants-respondents. (Index No. 55391/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 2, 2015. Cross motion by the respondents Atlanta Foods International, Russell McCall's Inc., doing business as Sheila Marie Foods, and Doug Jay to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appellants' time to perfect the appeal is enlarged until August 28, 2017, and the record or appendix on the appeal and the appellants' brief shall 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 cross motion is denied.
ENG, P.J., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court