| Risco v Risco |
| Motion No: 2005-06310 |
| Slip Opinion No: 2006 NYSlipOp 65032(U) |
| Decided on March 14, 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
M36827
A/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-06310 Amy Risco, respondent, v Vincent Risco, appellant. (Index No. 3625/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem the notice of appeal from a decision of the Supreme Court, Orange County, dated June 7, 2005, to be a premature notice of appeal from a judgment of the same court dated October 27, 2005, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the notice of appeal from the decision dated June 7, 2005, is deemed to be a premature notice of appeal from the judgment dated October 27, 2005 (see CPLR 5520[c]); and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 14, 2006, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
FLORIO, J.P., SANTUCCI, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court