Matter of TNT Petroleum v Sea Petroleum, Inc.
Motion No: 2009-03646
Slip Opinion No: 2009 NY Slip Op 86096(U)
Decided on October 16, 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

M93128

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-03646

DECISION & ORDER ON APPLICATION

In the Matter of TNT Petroleum, petitioner-

respondent, v Sea Petroleum, Inc., et al.,

respondents, Yahya Bayat, appellant.

(Index No. 10532/03)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated June 30, 2009.

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

ORDERED that the notice of appeal from an order of the same court dated March 12, 2009, is deemed to be a premature notice of appeal from the judgment dated June 30, 2009 (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 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.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court