Fuoco Group, LLP v Weisman & Co.
Motion No: 2019-09673
Slip Opinion No: 2020 NY Slip Op 66378(U)
Decided on May 20, 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

M270929

kbp/

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-09673

Fuoco Group, LLP, respondent,

v Weisman & Co., CPAs, et al., appellants.

(Index No. 601864/17)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered July 31, 2019, in effect, to amend so much of a decision and order on motion of this Court dated December 24, 2019, as stayed enforcement of all proceedings in the above-entitled action and enforcement of so much of the order entered July 31, 2019, as granted a preliminary injunction and directed a hearing on the issue of contempt and the calculation of damages, pending hearing and determination of the appeal, upon the condition that the appeal be perfected on or before January 21, 2020, 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 decision and order on motion of this Court dated December 24, 2019, is amended by deleting from the first decretal paragraph thereof the words "the appeal is perfected on or before January 21, 2020," and substituting therefor the words "the appellants serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website, on or before June 19, 2020, and file an original and five hard copies of the record or appendix and the appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court,"; and it is further,

ORDERED that the appellants' time to perfect the appeal is extended and the appellants shall perfect the appeal as set forth in the decision and order on motion of this Court dated December 24, 2019, as amended herein.

LEVENTHAL, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court