| Marasco v ExxonMobil Oil Corporation |
| Motion No: 2022-07040 |
| Slip Opinion No: 2023 NY Slip Op 69698(U) |
| Decided on July 3, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M289827
AFA/
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
LARA J. GENOVESI, JJ.
|
2022-07040 Peter A. Marasco, etc., et al., appellants, v ExxonMobil Oil Corporation, etc., et al., respondents. (Index No. 54362/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, purportedly dated January 25, 2022. Motion by the appellants to amend the notice of appeal to reflect that the appeal is from an order of the Supreme Court, Westchester County, dated July 25, 2022, to deem the notice of appeal reflect that Anthony Paul Marasco and Josephine Z. Marasco are also appellants, for a preference in the calendaring of the appeal, 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 branches of the motion which are to amend the notice of appeal to reflect that the appeal is from an order dated July 25, 2022, and to deem the notice of appeal to reflect that Anthony Paul Marasco and Josephine Z. Marasco are also appellants are granted, the notice of appeal is deemed to reflect that the appeal is from an order dated July 25, 2022, and that Anthony Paul Marasco and Josephine Z. Marasco are also appellants (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before August 3, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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.
CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court