Appellate Division: Second Judicial Department

M243796

E/rr

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2016-06911 Lazaro Sotolongo, appellant, v Robert L. Cristofaro, etc., defendant, Elliot G. Gross, respondent. (Index No. 55796/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered May 31, 2016, for leave to renew and reargue a motion by Robert L. Cristofaro, in effect, for leave to renew his prior motion to dismiss the appeal insofar as taken against him on the ground that it was untimely taken, which was determined by decision and order on motion of this Court dated November 24, 2017, and to enlarge the time to perfect the appeal. Cross motion by Elliot G. Gross to dismiss the appeal for failure to timely perfect. Separate motion by the appellant to strike the motion by Elliot G. Gross, to impose a sanction upon Elliot G. Gross, and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's motion which is for leave to renew and reargue is denied; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is granted, the time to perfect the appeal is enlarged until January 26, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that cross motion is denied; and it is further,

ORDERED that the appellant's motion to strike the motion by Elliot G. Gross, to impose a sanction upon Elliot G. Gross, and for an award of costs and an attorney's fee is denied.

ENG, P.J., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court