Johnny's Plumbing & Heating, Inc. v Garson Brother Cons
Motion No: 2007-00208
Slip Opinion No: 2007 NYSlipOp 72021(U)
Decided on June 20, 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

M56208

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-00208

Johnny's Plumbing & Heating, Inc., appellant,

v Garson Brothers Construction, LLC, et al.,

respondents.

(Index No. 05-2818)

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, Westchester County, entered November 16, 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 notice of appeal from a decision of the same court dated November 16, 2006, is deemed to be a notice of appeal from the judgment (see CPLR 5512); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 21, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SPOLZINO, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court