LaChapelle v McLoughlin
Motion No: 2008-06948
Slip Opinion No: 2009 NY Slip Op 70575(U)
Decided on April 24, 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

M85769

E/cb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2008-06948

Kathryn LaChapelle, appellant,

v Dennis J. McLoughlin, et al., defendants,

Benito Meluzio, et al., respondents.

(Index No. 100276/05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Richmond County, entered June 16, 2008, for failure to timely perfect. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 26, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court