Rogacki v Resasco, doing business as KFW Spa 4 Skin
Motion No: 2017-00141
Slip Opinion No: 2017 NY Slip Op 95621(U)
Decided on December 14, 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

M243029

E/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-00141

Samantha Rogacki, respondent,

v Kathy Anne Resasco, doing business as

KFW Spa 4 Skin, et al., appellants.

(Index No. 35100/12)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 25, 2016, and for leave to omit Plaintiff's Trial Exhibit 3 from the record or appendix on the appeal.

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 branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until February 13, 2018, 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 the branch of the motion which is for leave to omit Plaintiff's Trial Exhibit 3 from the record or appendix on the appeal is denied without prejudice to renew in the event that the parties stipulate to the correctness of Plaintiff's Trial Exhibit 3 pursuant to 22 NYCRR 670.10.2(f).

RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court