Matter of Livingston v Hynes
Motion No: 2009-01049
Slip Opinion No: 2009 NY Slip Op 83470(U)
Decided on September 18, 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

M92009

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2009-01049

In the Matter of Detroy Livingston, appellant,

v Charles J. Hynes, etc., respondent.

(Index No. 18210/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated August 21, 2008.

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

ORDERED that the motion is denied as academic as the appellant's time to perfect the appeal was enlarged and the appellant's brief was accepted for filing by decision and order on motion dated May 15, 2009, as amended by decision and order on motion dated September 9, 2009; and it is further,

ORDERED that the Clerk of this court, or his designee, shall subpoena the original papers constituting the record or appeal from the Supreme Court, Kings County.

SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court