Opinion
2012-05256 2013-02401 2013-02402 2013-02403 Index No. 100155/09 M152768
03-12-2013
Nicholas Barbaro, appellant, v. Thomas Spinelli, et al., defendants-respondents, et al., defendants; MHT Holdings, Inc., et al., nonparty-respondents. (Appeal No. 1) Nicholas Barbaro, appellant, v. Thomas Spinelli, et al., respondents, et al., defendants. (Appeal Nos. 2, 3, 4)
, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by Thomas Spinelli, Donna Spinelli, also known as Donna Mazzaferro, Allstate Funding Services, Inc., Matiz Maldonado, and Business Club Network on appeals from three orders of the Supreme Court, Richmond County, dated January 13, 2012, May 21, 2012, and January 3, 2013, respectively, and a judgment of the same court entered January 28, 2013, to dismiss the appeal from the order dated January 13, 2012, on the ground that the right of direct appeal from the order terminated upon entry of the judgment in the action or, in the alternative, to enlarge the time to serve and file a brief with respect to the appeal from the order dated January 13, 2012.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 13, 2012, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief with respect to the appeal from the order dated January 13, 2012, is granted, the movants' time to serve and file a brief is enlarged until April 11, 2013, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that on the Court's own motion, the appellant shall perfect the appeals from the judgment and the orders dated May 21, 2012, and January 3, 2013 (Appellate Division Docket Nos. 2013-02401, 2013-02402, 2013-02403), on or before May 13, 2013; and it is further,
ORDERED that the respondents on the appeals from the judgment and orders dated May 21, 2012, and January 3, 2013, shall serve and file their brief on or before June 17, 2013.
RIVERA, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court