| O'Shea v Cross |
| Motion No: 2010-10897 |
| Slip Opinion No: 2011 NY Slip Op 79417(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
M123530
E/mv
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
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2010-10897, 2011-05104 DECISION & ORDER ON MOTION Matthew O'Shea, appellant, v Kim Cross, respondent. (Index No. 03-5027)
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Motion by the appellant to deem a notice of appeal from an order of the Supreme Court, Rockland County, dated July 20, 2010, to be a notice of appeal from an order of the same court entered January 25, 2011, for leave to file a late notice of appeal from the order entered January 25, 2011, or "otherwise permitting the appellant to appeal from [the order entered January 25, 2011]".
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated July 20, 2010 (Appellate Division Docket No. 2010-10897), is enlarged until August 25, 2011, and the record or appendix on the appeal and the appellant'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