31 Victory Corp. v Victory Properties, LLC
Motion No: 2010-01804
Slip Opinion No: 2010 NY Slip Op 77211(U)
Decided on July 16, 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

M105656

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-01804

31 Victory Corp., plaintiff,

v Victory Properties, LLC, defendant

third-party plaintiff-appellant, et al., defendants;

Linda Cahill, third-party defendant-respondent.

(Index No. 100457/05)

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, Richmond County, dated March 12, 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 a decision of the same court dated January 8, 2010, is deemed to be a premature notice of appeal from the judgment dated March 12, 2010 (see CPLR 5520[c]); and it is further,

ORDERED that application is granted and the appellant's time to perfect the appeal is enlarged until October 4, 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