| Gallo v Rea Motors, Inc. |
| Motion No: 2005-07172 |
| Slip Opinion No: 2006 NYSlipOp 61312(U) |
| Decided on January 31, 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. |
Appellate Division: Second Judicial Department
M35508
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-07172 Steven Gallo, etc., respondent, v Rea Motors, Inc., et al., appellants. (Index No. 7738/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem a notice of appeal from a decision of the Supreme Court, Orange County, dated June 16, 2005, to be a premature notice of appeal from a judgment of the same court dated September 27, 2005. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the cross 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 March 1, 2006.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court