Opinion
Motion No: 2011-10905 Index No. 1955/09 M138024
05-21-2012
Julio Gonzalez, plaintiff-respondent, v. Magestic Fine Custom Homes, also known as Magestic Capital Partners, defendant-respondent, Draghi Contracting, defendant third-party plaintiff- appellant-respondent; Italiano Bros. Drywall, Inc., third-part defendant-respondent-appellant (and a fourth party action).
, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
DECISION & ORDER ON MOTION
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 16, 2011.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal by Draghi Contracting is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e][1]); and it is further,
ORDERED that the application is granted and the time of Italiano Bros. Drywall, Inc., to perfect its appeal is enlarged until June 18, 2012, and the record or appendix on the appeal and the brief of Italiano Bros. Drywall, Inc., must be served and filed on or before that date.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court