Nash v Yablon-Nash
Motion No: 2011-04645
Slip Opinion No: 2011 NY Slip Op 81160(U)
Decided on August 17, 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

M124566

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2011-04645

Howard Nash, respondent,

v Elizabeth Yablon-Nash, appellant.

(Index No. 44784/03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 22, 2010, as untimely taken.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 3, 2011.

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court