Recchia v Recchia
Motion No: 2008-07092
Slip Opinion No: 2008 NYSlipOp 84032(U)
Decided on September 25, 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

M76030

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-07092

Sharon Recchia, appellant,

v Matthew Recchia, respondent.

(Index No. 25510-00)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 1, 2008, on the ground that the notice of appeal was not timely served.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the time to serve the notice of appeal, which was timely filed, is extended until October 21, 2008 (see CPLR 5520[a]); and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., LIFSON, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court