Newburgh Commercial Development Corp. V Cappelletti
Motion No: 2020-04188
Slip Opinion No: 2021 NY Slip Op 61344(U)
Decided on February 8, 2021
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

M275466

MB/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2020-04188

Newburgh Commercial Development Corp.,

et al., appellants, v Vincent Cappelletti, respondent.

(Index No. 8749/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated April 15, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants Newburgh Commercial Development Corp., Real Management Corp. N.Y., Real Holding Corp., Victor Cappelletti, Christine Cappelletti, Caitlyn Ryan, and William Cappelletti pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant Jeanmarie Cappelletti pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the 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 motions are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellants' time to serve and file the joint record or appendix and their respective briefs via NYSCEF is extended until March 10, 2021, and the appellants shall file an original and five hard copies of the joint record or appendix and their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., AUSTIN, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court