Finamore, as executor of the estate of Finamore, deceased v David Ullma

Finamore, as executor of the estate of Finamore, deceased v David Ullma

Motion No: 2017-06263

Slip Opinion No: 2017 NY Slip Op 92137(U)

Decided on November 15, 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

M241112

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-06263
Sandro Finamore, as executor of the estate of
Iole Finamore, deceased, etc., appellant-respondent,
v David Ullman, P.C., et al., respondents-appellants.
(Index No. 502021/13)

DECISION & ORDER ON MOTION

Application by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated April 20, 2017, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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 cross appeal is dismissed, without costs or disbursements, on the ground that David Ullman, P.C., and David Ullman, are not aggrieved by the order dated April 20, 2017 (see CPLR 5511); and it is further,

ORDERED that the application is granted, the applicant's time to perfect the appeal is enlarged until February 5, 2018, and the record on appeal and the appellant's brief shall be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court