Lyons v Donnelly
Motion No: 2007-07310
Slip Opinion No: 2008 NYSlipOp 66530(U)
Decided on March 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67564

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-07310

Malachy Lyons, Jr., appellant,

v Paul J. Donnelly, Jr., respondent

(Index No. 4806/92)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 3, 2008, for failure to timely perfect. Separate motion by the appellant to enlarge the time to perfect that appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion to enlarge time to perfect the appeal is granted, the appellant's time to perfect the appeal enlarged until April 18, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondent's motion to dismiss the appeal is denied.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court