Opinion
2011-00461 Index No. 07-9803 M143139
09-12-2012
Elite Environmental and Tank Testing Services, respondent, v. Marek Hyra, et al., appellants.
, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered November 15, 2010, and for leave to prosecute the appeal as poor persons.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.
ORDERED that the motion is otherwise denied as academic.
ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court