| Calderon v Evergreen Owners, Inc. |
| Motion No: 2008-09787 |
| Slip Opinion No: 2009 NYSlipOp 63644(U) |
| Decided on February 17, 2009 |
| 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
M82363
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2008-09787, 2008-10909
Maria Calderon, respondent, v Evergreen Owners, Inc., et al., appellants. (Index No. 16619/98)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a clerk's extract of the trial minutes of the Supreme Court, Kings County, dated September 22, 2008, and a judgment of the same court entered October 29, 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 clerk's extract of the trial minutes dated September 22, 2008 (Appellate Division Docket No. 2008-09787), is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the trial minutes (see Rockman v Brosnan, 280 AD2d 591); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment entered October 29, 2008 (Appellate Division Docket No. 2008-10909), is granted, the appellants' time to perfect that appeal is enlarged until June 30, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court