Appellate Division: Second Judicial Department

M93432

E/sl

FRED T. SANTUCCI, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-00876 Kazimirwrz Karwowski, appellant, v Wonder Works Construction, et al., respondents (and a third-party action). (Index No. 6173/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 3, 2008, and to deem the notice of appeal from that order to be a notice of appeal from an order of the same court dated September 17, 2008.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 3, 2008, is granted and the appellant's time to perfect the appeal is enlarged until November 23, 2009, and the record or appendix on the appeal and the appellant'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; and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the order dated July 3, 2008, to also be a notice of appeal from the order dated September 17, 2008, is denied as unnecessary (see CPLR 5517[b]); and it is further,

ORDERED that the appellant shall include the order dated September 17, 2008, and the motion papers filed in connection with that order in the record on appeal to be filed with the Clerk of the court and shall make any arguments concerning order dated September 17, 2008, in the brief filed in connection with the order dated July 3, 2008.

SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court