Monaco v Meerendonk
Motion No: 2005-07297
Slip Opinion No: 2006 NYSlipOp 61175(U)
Decided on January 27, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35355

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-07297

Domenico Monaco, appellant, et al., plaintiff,

v Benjamin Van Meerendonk, et al., respondents.

(Index No. 7774/90)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated August 10, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion the appellant's notice of appeal from an order of the Supreme Court, Kings County, dated July 18, 2005, is deemed to be a premature notice of appeal from the judgment dated August 10, 2005 (see CPLR 5520[a]); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 22, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court