Bologra v City of Newburgh
Motion No: 2017-08159
Slip Opinion No: 2018 NY Slip Op 76791(U)
Decided on July 5, 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

M252112

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-08159

Justin Bologra, appellant,

v City of Newburgh, et al., respondents.

(Index No. 1413/15)

DECISION & ORDER ON MOTION

Motion by the respondent McVey Properties, Inc., to dismiss an appeal from an order of the Supreme Court, Orange County, dated April 7, 2017, for failure to timely perfect. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and 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 the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until August 6, 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 no further enlargement of time shall be granted.

SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court