Appellate Division: Second Judicial Department

M75104

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-10825 Clegguy Fowler, et al., appellants, v Jamaica Bus, et al., respondents. (Index No. 23296/04)

DECISION & ORDER ON MOTION

Motion by the appellants to deem a notice of appeal from a clerk's extract of the Supreme Court, Queens County, entered August 16, 2007, to be a premature notice of appeal from a judgment of the Supreme Court, Queens County, entered November 2, 2007, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the notice of appeal from the clerk's extract entered August 16, 2007, is deemed to be a notice of appeal from the judgment entered November 2, 2007 (see CPLR 5512); and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the clerk's extract of the Supreme Court, Queens County, entered August 16, 2007, to be a premature notice of appeal from the judgment is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until September 29, 2008, and the record or appendix on the appeal and the appellants' 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.

MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court