Levin v Capital Contractors, Inc.
Motion No: 2009-02674
Slip Opinion No: 2009 NY Slip Op 70580(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

M85683

E/cb

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2009-02674

Dena Levin, respondent,

v Capital Contractors, Inc., appellant

(and a third-party action).

(Index No. 32580/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated August 19, 2008, pursuant to CPLR 5520(a) to extend the time to file a notice of appeal, which was timely served, and to enlarge the time to perfect the appeal.

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

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

ORDERED that time to file the notice of appeal, which was timely served, is extended until May 1, 2009; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 2, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court