Allstar Electronics, Inc. v Deluca
Motion No: 2018-02546
Slip Opinion No: 2019 NY Slip Op 65263(U)
Decided on March 14, 2019
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

M260909

E/afa

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2018-02546

Allstar Electronics, Inc., appellant,

v R. Scott Deluca, et al., respondents

(and a third-party action).

(Index No. 15048/13)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Nassau County, entered December 13, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a) and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the time to perfect the appeal is extended until April 12, 2019, 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 extension of time shall be granted.

AUSTIN, J.P., ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court