Shasha v Gillard
Motion No: 2009-00027
Slip Opinion No: 2009 NY Slip Op 81816(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

M91299

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-00027

Alfred Shasha, respondent,

v Patricia Gillard, appellant.

(Index No. 05-15928)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated November 21, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the notice of appeal from the order dated November 21, 2008, is deemed to be a notice of appeal from a judgment of the same court dated December 3, 2008 (see CPLR 5512); and it is further,

ORDERED that on or before September 9, 2009, the appellant shall serve and file a supplemental record containing the judgment dated December 3, 2008; and it is further,

ORDERED that the motion is granted and the respondent's time to serve and file a brief is enlarged until September 16, 2009, and the respondent'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.

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court