| Kelly v Exempt Firemen's Association of Poughkeepsie, N |
| Motion No: 2008-07268 |
| Slip Opinion No: 2009 NYSlipOp 64133(U) |
| Decided on February 20, 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
M82272
S/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
RANDALL T. ENG, JJ.
|
2008-07268
Charles Kelly, respondent, v Exempt Firemen's Association of Poughkeepsie, N.Y., Inc., appellant. (Index No. 4559/06)
| 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 June 26, 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 of the same court dated June 16, 2008, is deemed to be a notice of appeal from the judgment dated June 26, 2008 (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 April 6, 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., SKELOS, DILLON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court