Reiter v Reiter
Motion No: 2008-00041
Slip Opinion No: 2008 NYSlipOp 87143(U)
Decided on October 24, 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

M77624

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-00041

Robert Reiter, respondent,

v Marilyn Reiter, appellant.

(Index No. 202251/06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered May 15, 2008.

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

ORDERED that the appellant's notice of appeal from an order of the same court dated December 11, 2007, is deemed a premature notice of appeal from the judgment entered May 15, 2008 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until November 24, 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 no further enlargement of time shall be granted.

SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court