Nassau Property Investors, LLC v A. Ottavino Property Corp.
Motion No: 2018-05585
Slip Opinion No: 2020 NY Slip Op 72348(U)
Decided on September 30, 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

M273259

MB/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

PAUL WOOTEN, JJ.

2018-05585, 2018-04075

Nassau Property Investors LLC, plaintiff-respondent,

v A. Ottavino Property Corp., defendant-appellant,

et al., defendants; Beneficiaries of the estate of Mary

Pigott Ottavino, nonparty-appellant.

(Index No. 609136/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated April 9, 2018, and a judgment of the same court, entered January 24, 2018, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants "for leave to perfect the appeals late." Cross motion by the respondent to dismiss the appeals, and to impose a sanction on the appellants.

Upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals is denied as unnecessary; and it is further,

ORDERED that the branch of the cross motion which is to impose a sanction on the appellants is denied.

MASTRO, J.P., MILLER, MALTESE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court