| Dahari v Villafana |
| Motion No: 2016-05543 |
| Slip Opinion No: 2017 NY Slip Op 91684(U) |
| Decided on November 8, 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
M240843
E/ct
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-05543, 2016-11628 George Dahari, respondent-appellant, v Francisco Villafana, defendant third- party plaintiff, 2 Morgan Realty, LLC, appellant-respondent, Signature Bank, defendant-respondent; Manuel Taveres, third-party defendant-respondent. (Index No. 20219/13)
| DECISION & ORDER ON MOTION |
2017-05725
George Dahari, appellant,
v Francisco Villafana, et al., defendants,
Signature Bank, respondent
(and a third-party action).
(Index No. 20219/13)
Motion by George Dahari to enlarge the time to serve and file an answering brief on an appeal from an order of the Supreme Court, Kings County, dated April 6, 2016, and an appeal and a cross appeal from an order of the same court dated October 3, 2016. Cross motion by Signature Bank to dismiss the cross appeal from the order dated October 3, 2016, for failure to timely perfect, and to dismiss an appeal from an order of the same court dated April 21, 2017, on the ground that no appeal lies from an order denying reargument.
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
ORDERED that the motion is granted, the time for George Dahari to serve and file a brief in connection with the appeal from the order dated April 6, 2016, and the appeal and cross appeal from the order dated October 3, 2016, is enlarged until November 20, 2017, and the 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 branch of the cross motion which is to dismiss the cross appeal from the order dated October 3, 2016, is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated April 21, 2017, on the ground that no appeal lies from an order denying reargument is granted and the appeal from the order dated April 21, 2017, is dismissed, without costs or disbursements.
DILLON, J.P., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court