| Chana & Devorah Realty, Inc. v Degliuomoini |
| Motion No: 2009-11683 |
| Slip Opinion No: 2010 NY Slip Op 74331(U) |
| Decided on June 14, 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
M104234
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2009-11683 Chana & Devorah Realty, Inc., appellant, v Beatrice Degliuomoini, respondent. (Index No. 35068/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 5, 2009, on the ground that the appellant "failed to file an undertaking." Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 13, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court