Appellate Division: Second Judicial Department

M69271

S/cb

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-09898 DECISION & ORDER ON APPLICATION Alexander Storozynski, etc., respondent, v Beata Storozynski, appellant. (Index No. 6929/03)

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, Nassau County, entered December 3, 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 May 24, 2007, is deemed a premature notice of appeal from the order dated December 3, 2007 (see CPLR 5520[c]), and the notice of appeal is treated as an application for leave to appeal from the order dated December 3, 2007, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the application is granted , the appellant's time to perfect the appeal is enlarged until June 9, 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., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court