Treminio v Argueta
Motion No: 2006-10217
Slip Opinion No: 2007 NYSlipOp 69496(U)
Decided on May 15, 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

M54687

T/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2006-10217

Luis Treminio, respondent,

v Manuel Argueta, appellant.

(Index No. 17899-03)

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 October 23, 2006.

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

ORDERED that on the court's own motion the appellant's notice of appeal from an order of the same court entered September 11, 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 June 20, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court