| M.B. Din Construction, Inc. v Delta Iron & Construction, Inc. |
| Motion No: 2017-07497 |
| Slip Opinion No: 2018 NY Slip Op 61813(U) |
| Decided on January 22, 2018 |
| 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
M245057
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-07497 M.B. Din Construction, Inc., appellant-respondent, et al., plaintiffs, v Delta Iron & Construction, Inc., et al., defendants, American Safety Casualty Insuranc Company, respondent-appellant. (Index No. 501269/13)
| DECISION & ORDER ON MOTION e |
Application by American Safety Casualty Insurance Company on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated May 23, 2017, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its cross 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 appeal by M.B. Dinn Construction, Inc., is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted, and the time for American Safety Casualty Insurance Company to perfect is enlarged until February 27, 2018.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court