| Gutierrez v Hsiung |
| Motion No: 2005-08502 |
| Slip Opinion No: 2006 NYSlipOp 62651(U) |
| Decided on February 3, 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
M35760
T/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2005-08502
Leonido Gutierrez, respondent, v James C. Hsiung, et al. defendants, Samuel Chuang, etc., appellant. (Index No. 3911/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 22, 2005, on the ground that the appeal was not timely taken. Separate application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, and the appellant's time to perfect the appeal is enlarged until March 15, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court