| Nelson v Nelson |
| Motion No: 2009-03285 |
| Slip Opinion No: 2009 NY Slip Op 90036(U) |
| Decided on December 2, 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
M95220
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-03285 Diane Nelson, appellant, v Keith Nelson, respondent. (Index No. 3402-97)
| DECISION & ORDER ON MOTION |
Motion by Diane Nelson for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated March 11, 2009, and to enlarge the time to perfect the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, without prejudice to taking an appeal from any judgment entered upon the order dated March 11, 2009; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and the application for the same relief are denied as academic.
SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court