Andrade v T.C. Dunham Paint Company, Inc.
Motion No: 2011-00053
Slip Opinion No: 2011 NY Slip Op 66704(U)
Decided on March 11, 2011
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

M116796

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-00053

Walter Andrade, appellant, v T.C. Dunham

Paint Company, Inc., et al., respondents.

(Index No. 22766/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered September 8, 2010, in effect, pursuant to CPLR 5520(a) to extend the time to file a notice of appeal, which was timely served. 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 application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant's time to file the notice of appeal, which was timely served, is extended until March 23, 2011 (see CPLR 5520[a]), and the appellant shall file proof of filing of the notice of appeal with this Court on or before that date; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until May 16, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court