| Arango v Vasquez |
| Motion No: 2010-09821 |
| Slip Opinion No: 2011 NY Slip Op 79403(U) |
| Decided on July 28, 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
M123532
E/hu
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
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2010-09821 DECISION & ORDER ON MOTION Jason C. Arango, appellant, v Adrianna Vasquez, respondent, et al., defendant. (Index No. 20161/08)
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Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of an appeal from an order of the Supreme Court, Westchester County, entered August 23, 2010, to be a premature notice of appeal from a judgment of the same court dated September 18, 2010. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
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 on the Court's own motion, the notice of appeal from the order entered August 23, 2010, is deemed to be a notice of appeal from the judgment dated September 18, 2010 (see CPLR 5512); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 25, 2011, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., BELEN, CHAMBERS and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court