| Financial Freedom Acquisition, LLC v Braunsberg |
| Motion No: 2017-03534 |
| Slip Opinion No: 2018 NY Slip Op 72545(U) |
| Decided on May 16, 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
M250143
E/afa
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2017-03534 Financial Freedom Acquisition, LLC, respondent, v Linda C. Braunsberg, etc., et al., appellants, et al., defendants.
(Index No. 41334/10)
| DECISION & ORDER ON MOTION |
2017-03535
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., appellants,
et al., defendants.
(Index No. 41334/10)
2017-03564
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., appellants,
et al., defendants.
(Index No. 41334/10)
2017-04596
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., appellants,
et al., defendants.
(Index No. 41334/10)
2017-10231
Financial Freedom Acquisition, LLC, respondent,
v Linda C. Braunsberg, etc., et al., defendants,
Michael P. Braunsberg, etc., nonparty-appellant.
(Index No. 41334/10)
Motion to enlarge the time to perfect appeals from four orders of the Supreme Court, Suffolk County, dated July 27, 2015, August 17, 2015, April 11, 2017, and August 4, 2017, respectively, and a judgment of the same court dated July 27, 2015. By order to show cause dated April 12, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders dated July 27, 2015, August 17, 2015, April 11, 2017, and the judgment in the above-entitled action on the ground that Michael P. Braunsberg is not aggrieved by those orders and judgment or that Michael P. Braunsberg lacked the authority to file a notice of appeal on behalf of the individual defendants, except Linda C. Braunsberg.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion to enlarge the time to perfect the appeals and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeals is denied; and it is further,
ORDERED that on the Court's own motion, the notices of appeal from the orders dated July 27, 2015, August 17, 2015, April 11, 2017, and the judgment are deemed to also be filed on behalf of the individual defendants instead of Michael P. Braunsberg (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,
ORDERED that the motion to enlarge the time to perfect the appeals is granted and the time to perfect the appeals is enlarged until June 14, 2018.
MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court