| Rantinella v Tomas |
| Motion No: 2016-12610 |
| Slip Opinion No: 2017 NY Slip Op 93043(U) |
| Decided on November 20, 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
M241289
E/htr
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2016-12610 Vincent A. Rantinella, respondent, v Francisco M. Tomas, et al., defendants, Dona Mercedez Corp., doing business as Lounge Casa Rica, also known as La Costa Del Norte Sports Bar, et al., appellants. (Index No. 32430/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 10, 2015, as untimely taken. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
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 application 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 the application is granted, the respondent's time to serve and file a brief is enlarged until December 20, 2017, and the respondent's brief shall be served and filed on or before that date.
LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court