Quigley v Coco's Water Caf‚, Inc.
Motion No: 2008-09005
Slip Opinion No: 2009 NYSlipOp 67685(U)
Decided on March 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M84110

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-09005

Michael Quigley, respondent,

v Coco's Water CafÉ, Inc., defendant,

Nicholas Aiello, appellant.

(Index No. 21902-99)

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, Suffolk County, dated September 2, 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 August 8, 2008, is deemed to be 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 April 21, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court