Klumpp v Freund
Motion No: 2009-10892
Slip Opinion No: 2010 NY Slip Op 73739(U)
Decided on June 9, 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

M103978

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-10892, 2010-05205

Theodore G. Klumpp, Jr., plaintiff-respondent,

v Helen Freund, et al., appellants-respondents,

Brian Cahn, et al., respondents-appellants.

(Index No. 15152-05)

DECISION & ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an amended order of the Supreme Court, Suffolk County, dated October 19, 2009, and a judgment of the same court entered January 25, 2010.

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

ORDERED that the notice of appeal from the order dated October 19, 2009, is also deemed to be a notice of appeal from the judgment entered January 25, 2010 (see CPLR 5501[c]); and it is further,

ORDERED that the application is granted and the joint record and the appellants-respondents' brief submitted to the Clerk of this court is accepted for filing.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court