Matter of Denop, LLC v Village of Sag Harbor Planning Boar
Motion No: 2007-02294
Slip Opinion No: 2007 NYSlipOp 78049(U)
Decided on September 14, 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

M59537

S/nl

STEPHEN G. CRANE, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-02294

In the Matter of Denop, LLC, appellant,

v Village of Sag Harbor Planning Board,

etc., respondent.

(Index No. 09157-06)

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, Suffolk County, entered May 3, 2007.

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 an order of the same court dated January 30, 2007, is deemed a premature notice of appeal from the judgment entered May 3, 2007 (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 November 1, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court