Schwab v Phillips
Motion No: 2009-01101
Slip Opinion No: 2009 NY Slip Op 81812(U)
Decided on August 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

M91282

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

HOWARD MILLER

DANIEL D. ANGIOLILLO, JJ.

2009-01101

Rick A. Schwab, respondent,

v Beth Ann Phillips, defendant;

Peter J. Mollo, etc., nonparty-appellant.

(Index No. 10944/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 28, 2009.

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 the appellant's time to perfect the appeal is enlarged until October 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.

SPOLZINO, J.P., DILLON, MILLER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court