| D'Olivio v D'Olivio |
| Motion No: 2007-07068 |
| Slip Opinion No: 2008 NYSlipOp 64563(U) |
| Decided on February 25, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M66668
S/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2007-07068, 2007-07069
Michael D'Olivio, respondent, v Brigetta D'Olivio, appellant. (Index No. 496/07)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Dutchess County, dated July 13, 2007, and a judgment of the same court dated November 8, 2007.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that so much of the notice of appeal as appealed from the decision dated July 13, 2007, is deemed a premature notice of appeal from the judgment dated November 8, 2007 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 25, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court