Dipilato v Scibelli
Motion No: 2019-07096
Slip Opinion No: 2020 NY Slip Op 62063(U)
Decided on February 4, 2020
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

M269353

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-07096

Esther Dipilato, plaintiff-appellant,

v Andrew Scibelli, et al., defendants-appellants,

Sammo, LLC, respondent, et al., defendants.

(Action No. 1)

Andrew Scibelli, et al., appellants,

v City of New York, etc., et al., respondents,

et al., defendants.

(Action No. 2)

(Index Nos. 750035/18, 151036/17)

DECISION & ORDER ON MOTION

Motion by the respondent Sammo, LLC, on appeals from a judgment of the Supreme Court, Richmond County, dated April 5, 2019, to dismiss the appeal of the plaintiff-appellant as untimely taken. Application to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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 time to perfect the appeals is extended until March 5, 2020, and the joint record on the appeals and the appellants' respective briefs shall be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court