Opinion
Motion No: 570316/15
02-19-2016
It is Ordered that the petitioner-respondent's motion is denied. The time to perfect the appeal is extended to the June 2016 term - the filing deadline for which is April 12, 2016. Appellants counsel's documented mental illness, which required hospitalization, constituted a reasonable excuse for the failure to timely perfect the appeal (see Weitzenberg v Nassau County Dept. of Recreation and Parks, 29 AD3d 683 [2006]; CRJ Realty Corp. v Espinal, 45 Misc 3d 74 [2014][Bianchi, Bruno]).
Counsel for appellants is directed to serve a copy of this order upon his clients without delay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.