Matter of Prestige Financial Services, Inc. v Cervone's Auto
Motion No: 2008-06841
Slip Opinion No: 2008 NYSlipOp 91252(U)
Decided on December 5, 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

M79403

S/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-06841

In the Matter of Prestige Financial Services, Inc.,

respondent, v Cervone's Auto Body, Inc., appellant.

(Index No. 2555/08)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated July 17, 2008.

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

ORDERED that the notice of appeal from a decision and order (one paper) of the same court dated July 1, 2008, is deemed a notice of appeal from the judgment (see CPLR 5512); and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court