| Howard v Mendez |
| Motion No: 2006-02027 |
| Slip Opinion No: 2006 NYSlipOp 74865(U) |
| Decided on September 1, 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
M43924
S/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-02027
Christopher Howard, respondent, v Antonio E. Mendez, et al., defendants, Edward R. Calvano, etc., et al., appellants. (Index No. 04-06934)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 8, 2006.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellants' notice of appeal from a decision of the same court dated February 6, 2006, is deemed to be a premature notice of appeal from the order dated May 8, 2006 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 16, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court