| Law Offices of Harvey Arnoff v Smolian |
| Motion No: 2017-11624 |
| Slip Opinion No: 2018 NY Slip Op 76705(U) |
| Decided on July 3, 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
M252177
E/rr
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-11624 Law Offices of Harvey Arnoff, respondent, v Jonathan Smolian, appellants. (Index No. 18138/15)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an order of the Supreme Court, Suffolk County, dated September 26, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal insofar as purportedly taken on behalf of Darielle Smolian and Randy Gottesman Smolian is dismissed, without costs or disbursements, on the ground that those defendants did not sign the notice of appeal and Jonathan Smolian, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on their behalf (see CPLR 321; Vitiello v Merwin, 130 AD3d 609); and it is further,
ORDERED that the application is granted to the extent that time to perfect the appeal insofar as taken by Jonathan Smolian is enlarged until July 23, 2018, the record or appendix on the appeal and the appellant Jonathan Smolian's brief shall be served and filed on or before that date, and the application is otherwise denied.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court