| Yankus v Kelly |
| Motion No: 2008-09551 |
| Slip Opinion No: 2009 NY Slip Op 81380(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M91271
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2008-09551 Edward Yankus, appellant, v James R. Kelly, etc., et al., respondents, et al., defendant. (Index No. 30361-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 2008. Cross motion by the respondents to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is
ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until September 9, 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; and it is further,
ORDERED that the cross motion is denied.
FISHER, J.P., SANTUCCI, ENG and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court