| Wehrum v Illmensee |
| Motion No: 2009-04999 |
| Slip Opinion No: 2009 NY Slip Op 91102(U) |
| Decided on December 11, 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
M95814
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-04999
John E. Wehrum, respondent, v Thomas A. Illmensee, appellant. (Index No. 3626/06)
| DECISION & ORDER ON APPLICATION |
ORDERED that the decision and order on application dated December 3, 2009, is recalled and vacate and the following decision and order on application is substituted therefor:
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 February 2, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and the appellant's time to perfect the appeal is enlarged until January 20, 2010, 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