Cooper v 40 Clarkson Avenue Owners Corp.
Motion No: 2006-05796
Slip Opinion No: 2007 NYSlipOp 65330(U)
Decided on March 16, 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

M52144

E/sl

ROBERT A. SPOLZINO, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2006-05796

Wesley Cooper, appellant, v 40 Clarkson

Avenue Owners Corp., et al., respondents.

(Index No. 13326/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered April 27, 2006, and cross motion by the respondent to dismiss the appeal, on the ground, among others, that the appeal was not timely perfected.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 18, 2007, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the cross motion by the respondent to dismiss the appeal is denied.

SPOLZINO, J.P., GOLDSTEIN, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court