Velardi
v.
Mascolo

Supreme Court of the State of New York Appellate Division: Second Judicial DepartmentMar 5, 2012
2012 N.Y. Slip Op. 66261 (N.Y. App. Div. 2012)

Motion No: 2011-04119 2012-01245 Index No. 101946/09 M134210

03-05-2012

Michael Velardi, respondent, v. Anthony Mascolo et al., defendants, Delinda Mascola, appellant.


, J.P.


RANDALL T. ENG


ARIEL E. BELEN


JEFFREY A. COHEN, JJ.


DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Richmond County, dated March 29, 2011, and a judgment of the same court dated December 30, 2011, to dismiss the appeal from the order (Appellate Division Docket No. 2011-04119, on the ground that the right of direct appeal terminated upon entry of the judgment or, in the alternative, to enlarge the time to serve and file a brief.

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 is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof on condition that the appellants perfect the appeal from the judgment (Appellate Division Docket No. 2012-01245) on or before May 16, 2012; and it is further,

ORDERED that if the appeal from the judgment is not perfected by May 16, 2012, the appeal from the order shall be dismissed, without further notice; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 5, 2012, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino


Clerk of the Court