Gardon v Gardon
Motion No: 2007-05533
Slip Opinion No: 2007 NYSlipOp 72552(U)
Decided on June 26, 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

M56033

S/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-05533

Janet Gardon, appellant,

v Rolando Gardon, et al., respondents.

(Index No. 05-21429)

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 an order of the Supreme Court, Westchester County, dated October 16, 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 notice of appeal which was timely served is deemed to be timely filed (see CPLR 5520[a]); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 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