Carver Federal Savings Bank v Alvero
Motion No: 2009-06809
Slip Opinion No: 2010 NY Slip Op 60103(U)
Decided on January 5, 2010
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

M96845

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-06809

Carver Federal Savings Bank, respondent,

v Angel Alvero, et al., appellants.

(Index No. 22115/08)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered July 7, 2009.

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

ORDERED that the appellants' notice of appeal from a decision dated June 8, 2009, is deemed to be a premature notice of appeal from the order entered July 7, 2009 (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 2, 2010, and the record or appendix on the appeal and the appellants' 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