Maragliano v. Port Auth. of N.Y. & N.J.

Full title: Eduardo Maragliano, appellant, v. Port Authority of NY & NJ, respondent…

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

Date published: Apr 23, 2013

2013 N.Y. Slip Op. 71451 (N.Y. App. Div. 2013)

Opinion

2012-04188 2012-10413 Index No. 25787/07 M155129

04-23-2013

Eduardo Maragliano, appellant, v. Port Authority of NY & NJ, respondent, et al., defendant (and a third-party action).

WILLIAM F. MASTRO

, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2012 Calendar," dated November 29, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, dated February 9, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to consolidate the appeal with an appeal from an order of the same court dated September 25, 2012, and to enlarge the time to perfect the appeals.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated November 29, 2012, as dismissed the appeal from the order dated February 9, 2012, and to reinstate that appeal are granted, so much of the decision and order on motion of this Court dated November 29, 2012, as dismissed that appeal is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until May 24, 2013, and the record on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court