Lass v City of New York
Motion No: 2008-05039
Slip Opinion No: 2008 NYSlipOp 89989(U)
Decided on November 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

M78911

S/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-05039

Andrea Lass, et al., appellants,

v City of New York, et al., defendants,

Trustees of St. Patrick's Cathedral, et al.,

respondents.

(Index No. 10654/03)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, entered April 24, 2008.

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

ORDERED that the appellants' notice of appeal from an order of the same court dated February 15, 2008, is deemed to be a notice of appeal from the judgment entered April 24, 2008 (see CPLR 5512); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 20, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court