Bonavita v McNicholas
Motion No: 2008-10264
Slip Opinion No: 2009 NY Slip Op 73406(U)
Decided on May 27, 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

M87206

E/cb

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2008-10264

Gary Bonavita, et al., appellants,

v Irving McNicholas, et al., respondents,

et al., defendants.

(Index No. 5699/04)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 30, 2008, and to enlarge the record on appeal to include certain documents.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until June 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 the branch of the motion which is to enlarge the record is denied.

RIVERA, J.P., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court