Opinion
2012-09610 Index No. 101131/06 M153923
04-02-2013
Thomas Rodriguez, appellant-respondent, v. Trades Construction Services Corp., et al., respondents, Leewood Real Estate Group/NY, LLC, et al., respondents-appellants (and a third-party action).
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated August 8, 2012.
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 the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until May 16, 2013, and the record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that on the Court's own motion the cross appeal is dismissed, without costs or disbursements, as the respondents-appellants are not aggrieved by the order on appeal (see CPLR 5511; Cordova v 360 Park Ave. S. Assoc., 33 AD3d 750, 751-752; Katz v Katz, 68 AD2d 536, 542).
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court