Dank v Sears Holding Management Corporation
Motion No: 2010-11852
Slip Opinion No: 2011 NY Slip Op 74811(U)
Decided on June 7, 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

M121032

J/sl

2010-11852, 2011-04021

ORDER ON APPLICATION

Warren S. Dank, appellant,

v Sears Holding Management

Corporation, et al., respondents.

(Index No. 6263/07)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered December 2, 2010, and an amended judgment of the same court entered March 24, 2011, respectively.

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

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment entered December 2, 2010, is granted and the appellant's time to perfect that appeal is enlarged until July 5, 2011, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the amended judgment entered March 24, 2011, is denied as premature as the time to perfect that appeal does not expire until October 11, 2011.

ENTER:

Matthew G. Kiernan

Clerk of the Court