Urias v Daniel P. Buttafuoco & Associates, PLLC
Motion No: 2017-10373
Slip Opinion No: 2018 NY Slip Op 85985(U)
Decided on October 12, 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

M256243

E/rr

MARK C. DILLON, J.P.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-10373

Delfina Urias, etc., appellant,

v Daniel P. Buttafuoco & Associates, PLLC,

et al., respondents.

(Index No. 7186/11)

DECISION & ORDER ON MOTION

Motion by the respondents Daniel P. Buttafuoco & Associates, PLLC, Daniel P. Buttafuoco LLC, and Daniel P. Buttafuoco to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 21, 2017, as untimely taken or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondent John Newman to dismiss the appeal as untimely taken. Application by respondents Daniel P. Buttafuoco & Associates, PLLC, Daniel P. Buttafuoco LLC, and Daniel P. Buttafuoco and separate application by the respondent John Newman to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application by the respondents Daniel P. Buttafuoco & Associates, PLLC, Daniel P. Buttafuoco LLC, and Daniel P. Buttafuoco and the papers filed in relation thereto, and upon the papers filed in support of the application by the respondent John Newman and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the respondents Daniel P. Buttafuoco & Associates, PLLC, Daniel P. Buttafuoco LLC, and Daniel P. Buttafuoco which is to dismiss the appeal and the motion by the respondent John Newman are denied; and it is further,

ORDERED that the branch of the motion by the respondents Daniel P. Buttafuoco & Associates, PLLC, Daniel P. Buttafuoco LLC, and Daniel P. Buttafuoco which is to enlarge the time to serve and file a brief and the applications are granted, the respondents' time to serve and file their respective briefs is enlarged until December 10, 2018, and the respondents' briefs shall be served and filed on or before that date.

DILLON, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court