Leifer v Ward
Motion No: 2008-00639
Slip Opinion No: 2008 NYSlipOp 78152(U)
Decided on July 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73222

S/cb

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-00639

Nathan Leifer, respondent,

v Elsie Ward, appellant.

(Index No. 33928/04)

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 an order of the Supreme Court, Kings County, dated December 11, 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 is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 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.

SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court