| Matter of Vizzi v Karl |
| Motion No: 2009-11291 |
| Slip Opinion No: 2010 NY Slip Op 69684(U) |
| Decided on April 27, 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
M101844
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-11291
In the Matter of Octavius Vizzi, appellant, v Terry Karl, etc., et al., respondents. (Index No. 37064-07)
| 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, Suffolk County, dated January 6, 2010.
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 an order of the same court dated September 25, 2009, is deemed to be a premature notice of appeal from the judgment dated January 6, 2010 (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 July 22, 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