| Capolino Associates, L.P. v Alex Lyon & Son Sales Mana |
| Motion No: 2009-01876 |
| Slip Opinion No: 2009 NY Slip Op 86699(U) |
| Decided on October 22, 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. |
Appellate Division: Second Judicial Department
M93369
E/sl
FRED T. SANTUCCI, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2009-01876 Capolino Associates, L.P., appellant, v Alex Lyon & Son Sales Managers & Auctioneers, Inc., et al., respondents. (Index No. 2317/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a decision of the Supreme Court, Dutchess County, dated January 27, 2009.
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 decision dated January 27, 2009, is deemed to be a notice of appeal from a judgment of the same court entered February 11, 2009 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until December 21, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court