| Tortelli v Nappy |
| Motion No: 2009-06956 |
| Slip Opinion No: 2010 NY Slip Op 60493(U) |
| Decided on January 11, 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. |
Appellate Division: Second Judicial Department
M97050
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-06956 Lory M. Tortelli, respondent, v John F. Nappy, appellant. (Index No. 200266/02)
| DECISION & ORDER ON APPLICATION |
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, entered December 1, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appellant's notice of appeal from a decision of the same court dated June 15, 2009, is deemed to be a premature notice of appeal from the judgment entered December 1, 2009 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 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