| Srour v Joseph & Smargiassi, LLC |
| Motion No: 2018-00388 |
| Slip Opinion No: 2018 NY Slip Op 86341(U) |
| Decided on October 17, 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
M256445
E/rr
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-00388, 2018-00389, 2018-00390 Albert Srour, appellant, v Joseph & Smargiassi, LLC, et al., respondents. (Index No. 1228/16)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order of the Supreme Court, Kings County, dated June 12, 2017, as untimely taken, from an order of the same court dated November 1, 2017, on the ground that no appeal lies from an order denying reargument, and from an undated order of the same court on the ground that the order is neither appealable as of right nor by permission. Motion by the appellant to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondents' motion which is to dismiss the appeal from the order dated June 12, 2017, as untimely taken is granted and that appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the branch of the respondents' motion which is to dismiss the appeal from the order dated November 1, 2017, is held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the respondents' motion which is to dismiss the appeal from the undated order is denied; and it is further,
ORDERED that the appellant's motion is granted to the extent that the appellant's time to perfect the appeals from the order dated November 1, 2017, and the undated order by causing the original papers constituting the record on those appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on those appeals is enlarged until November 16, 2018, and the appellant's motion is otherwise denied as academic; and it is further,
ORDERED that no further enlargement of time shall be granted.
LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court