| Wen Zong Yu v Hua Fan |
| Motion No: 2008-02561 |
| Slip Opinion No: 2008 NYSlipOp 83016(U) |
| Decided on September 15, 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
M75724
S/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2008-02561, 2008-02562 Wen Zong Yu, appellant, v Hua Fan, respondent. (Index No. 19503/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated October 17, 2007, and a transcript of the same court dated February 21, 2008.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal from the transcript (Appellate Division Docket No. 2008-02561) is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated October 17, 2007, is granted and the appellant's time to perfect that appeal is enlarged until November 3, 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 the application is otherwise denied as academic.
FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court