Oteri v Oteri-Harkins
Motion No: 2017-00088
Slip Opinion No: 2018 NY Slip Op 67677(U)
Decided on March 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M247931

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-00088

Steven Oteri, respondent, v Diane T.

Oteri-Harkins, et al., appellants.

(Index No. 15146/15)

DECISION & ORDER ON MOTION

Motion by the appellants to stay an inquest in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 26, 2016, and to enlarge the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect and to impose a sanction upon the appellants.

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

ORDERED that the branch of the motion which is to stay the inquest in the above-entitled action is denied; and it is further,

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 April 23, 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 cross motion is denied.

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court