| People of State of New York v Imperia Family Realty, L.L.C. |
| Motion No: 2009-00024 WCR |
| Slip Opinion No: 2009 NY Slip Op 85088(U) |
| Decided on September 29, 2009 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- IMPERIA FAMILY REALTY, LLC. Appellant. |
DECISION
Motion by appellant for an enlargement of time to perfect appeal is denied without prejudice to renewal upon proper notice.
CPLR 2214 (b) provides that a notice of motion and supporting affidavits must be served at least eight days before the time at which the motion is noticed to be heard. CPLR 2103 (b) (6) provides that when service is by overnight delivery, one business day shall be added to the prescribed period. Appellant failed to provide the requisite nine days' notice.