Washington v Washington
Motion No: 2007-05231
Slip Opinion No: 2007 NYSlipOp 85761(U)
Decided on December 10, 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

M63426

S/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

THOMAS A. DICKERSON, JJ.

2007-05231

Anne B. Washington, respondent,

v Barry Washington, appellant.

(Index No. 1883/04)

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, Queens County, entered June 12, 2007.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appellant's notice of appeal from a decision of the same court dated February 21, 2007, is deemed to be a premature notice of appeal from the judgment entered June 12, 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 January 30, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MILLER, J.P., SPOLZINO, RITTER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court