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Ballan v. Sirota

Supreme Court of the State of New York Appellate Division: Second Judicial Department
May 26, 2016
2016 N.Y. Slip Op. 74634 (N.Y. App. Div. 2016)

Opinion

Motion No: 2015-05651

05-26-2016

Lenore Ballan, etc., et al., appellants, v. Howard B. Sirota, et al., respondents.


M211966

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

(Index No. 702021/14)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 9, 2015. Cross motion to dismiss the appeal on the ground that dismissal of a prior appeal for failure to perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 NY2d 350).

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the appellants' time to perfect the appeal is enlarged until June 22, 2016, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

BALKIN, J.P., HALL, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Ballan v. Sirota

Supreme Court of the State of New York Appellate Division: Second Judicial Department
May 26, 2016
2016 N.Y. Slip Op. 74634 (N.Y. App. Div. 2016)
Case details for

Ballan v. Sirota

Case Details

Full title:Lenore Ballan, etc., et al., appellants, v. Howard B. Sirota, et al.…

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 26, 2016

Citations

2016 N.Y. Slip Op. 74634 (N.Y. App. Div. 2016)