Appellate Division: Second Judicial Department

M266605

kbp/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-12568 In the Matter of Block 865 Lot 300, LLC, respondent-appellant, v Juliet F. Baione, et al., respondents, Chris Agoliati, respondent- respondent; Vincent Piccone, et al., nonparty- appellants-respondents. (Index No. 101809/14)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant-respondent Vincent Piccone pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his appeal from an order of the Supreme Court, Richmond County, dated August 22, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect his appeal. Separate motion by the nonparty-appellant Jerome Grigoli, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his appeal from the same order, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect his appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the nonparty-appellant-respondent Vincent Piccone's motion which is to vacate the dismissal of his appeal is denied; and it is further,

ORDERED that the nonparty-appellant-respondent Vincent Piccone's motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the nonparty-appellant Jerome Grigoli's motion which is, in effect, to vacate the dismissal of his appeal is denied; and it is further,

ORDERED that the nonparty-appellant Jerome Grigoli's motion is otherwise denied as academic.

DUFFY, J.P., CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court