| Martin v Martin |
| Motion No: 2010-10640 |
| Slip Opinion No: 2011 NY Slip Op 76275(U) |
| Decided on June 22, 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. |
Appellate Division: Second Judicial Department
M121916
E/sl
WILLIAM F. MASTRO, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-10640 Lizbeth Martin, respondent, v Stephen H. Martin, appellant. (Index No. 200715/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered July 13, 2010, and, in effect, for the Court to take judicial notice of a decision and order of this Court dated January 11, 2011, which determined a prior appeal in the above-entitled action from an order of the same court dated July 30, 2009 (Appellate Division Docket No. 2009-08397).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for the Court to take judicial notice of the decision and order of this Court dated January 11, 2011, is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered July 13, 2010, is granted, the appellant's time to perfect the appeal is enlarged until July 22, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court