| Ateres Hasofrim, Inc. v Kralik |
| Motion No: 2009-09774 |
| Slip Opinion No: 2010 NY Slip Op 79045(U) |
| Decided on August 6, 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
M106740
S/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-09774 Ateres Hasofrim, Inc., et al., respondents, v James F. Kralik, et al., defendants, Galaxy Assets Corp., appellant. (Index No. 05-4342)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Rockland County, dated August 7, 2007, on the ground that the appeal was not timely taken, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the appellant's notice of appeal from the order dated August 7, 2007, is deemed to be a notice of appeal from a judgment of the same court entered October 16, 2007; and it is further,
ORDERED that on or before August 19, 2010, the appellant shall serve and file a supplemental record containing the judgment entered October 16, 2007; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, the respondents' time to serve and file a brief is enlarged until September 7, 2010, and the respondents' brief shall be served and file on or before that date.
COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court