Cantone v. Coiro

Full title: Maureen Cantone, Respondent, v. Anthony Coiro and Julie Coiro, Appellants.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 6, 2014

2014 N.Y. Slip Op. 90909 (N.Y. App. Term 2014)

Opinion

Motion No: 2014-01649 KC

11-06-2014

Maureen Cantone, Respondent, v. Anthony Coiro and Julie Coiro, Appellants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal to the Appellate Term, First Department, from a final judgment of the Civil Court of the City of New York, Kings County, entered December 13, 2013, for failure to prosecute, and to amend the notice of appeal to reflect that the appeal is to this court. Separate motion by appellants for an enlargement of time to serve and file papers in opposition to respondent's motion.

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

ORDERED, on the court's own motion, that respondent's motion and appellants' motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion and appellants' motion are dismissed without prejudice to appellants moving in the Civil Court for leave to amend the notice of appeal (see El Dorado Aluminum Prods., Inc. v Jeros, 15 AD2d 781 [1962]).

ENTER:

Paul Kenny

Chief Clerk