| Marasco v ExxonMobil Oil Corporation |
| Motion No: 2023-10318 |
| Slip Opinion No: 2024 NY Slip Op 67914(U) |
| Decided on May 17, 2024 |
| 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
M296458
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
CARL J. LANDICINO, JJ.
|
2023-10318 Peter A. Marasco, etc., appellant, et al., plaintiffs, v ExxonMobil Oil Corporation, etc., et al., defendants; George S. Bellantoni, nonparty-respondent. (Index No. 54362/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated June 30, 2023. Motion by the appellant, in effect, for leave to amend the initial informational statement to include co-plaintiffs Anthony Paul Marasco and Josephine Z. Marasco as appellants on the appeal, to extend the time to perfect the appeal, and for a preference in the calendaring of the appeal. Separate motion by the appellant to stay enforcement of the order dated June 30, 2023, and to stay enforcement of a judgment of the same court dated January 2, 2024, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, for leave to amend the
initial informational statement to include co-plaintiffs Anthony Paul Marasco and Josephine Z. Marasco as appellants on the appeal, is denied; 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 July 16, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; 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 briefs have been filed; and it is further,
ORDERED that the motion to stay enforcement of the order dated June 30, 2023, and to stay enforcement of a judgment of the same court dated January 2, 2024, pending hearing and determination of the appeal, is denied.
BARROS, J.P., CHAMBERS, FORD and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court