Milnes v Milnes
Motion No: 2006-08133
Slip Opinion No: 2007 NYSlipOp 62045(U)
Decided on January 29, 2007
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

M50010

S/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-08133

Marie A. Milnes, appellant,

v Robert Milnes, respondent.

(Index No. 201287/03)

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, Nassau County, dated November 29, 2006.

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 a decision of the same court dated June 21, 2006, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 13, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court