SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.

NO. 2003-1293 N C
ROBERT H. SPERGEL,

Respondent,

-against-

DECIDED

STEVEN OTERI,

Appellant.

DECISION

Motion by defendant-appellant for leave to appeal to the Appellate Division denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.

NO. 2004-412 S C
CONTINENTAL CASUALTY COMPANY,

Respondent,

-against-

LORI CASS D/B/A CHECKMATE APPLIANCE
REPAIR SERVICE A/K/A RELIANCE APPLIANCE SERVICE,

Appellant.

DECISION

Motion by defendant-appellant for an enlargement of time to perfect the appeal granted on condition the appeal be perfected by November 5, 2004; otherwise, motion denied.

In the absence of timely opposition papers or a timely cross motion to dismiss the appeal as being untimely taken, we do not pass upon said issue (see CPLR 5513).