| Agosto v Small |
| Motion No: 2007-08804 |
| Slip Opinion No: 2008 NYSlipOp 66748(U) |
| Decided on March 18, 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
M67732
T/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2007-08804
David Agosto, appellant, v Marietta Small, etc., respondent, et al., defendants. (Index No. 43629/02)
| DECISION AND 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, Kings County, dated August 16, 2007.
ORDERED that on the court's own motion, the notice of appeal in the above-entitled action is deemed corrected to reflect the fact that the plaintiff, David Agosto, is the appellant on the appeal, as the plaintiff is the only party aggrieved by the subject order (see CPLR 2001; Tagliaferri v Weiler, 1 NY3d 605); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RIVERA, J.P., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court