| Zeitoune v Cohen |
| Motion No: 2008-08010 |
| Slip Opinion No: 2009 NY Slip Op 77913(U) |
| Decided on July 14, 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
M89390
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2008-08010 Elie Zeitoune, et al., respondents, v Jack Cohen, et al., appellants. (Index No. 28171/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 25, 2008, as untimely taken. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that on the court's own motion, the notice of appeal from the order, which was timely filed, is deemed timely served (see CPLR 5520[a]); and it is further,
ORDERED that on the court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from a judgment of the same court dated August 13, 2008 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellants' time to serve and file a reply brief is enlarged until July 24, 2009, and the reply brief must be served and filed on or before that date.
RIVERA, J.P., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court