Appellate Division: Second Judicial Department

M125298

J/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-03165 Rosa Lia Reyes, appellant, v Michael A. Marchese, et al., respondents. (Action No. 1) (Index No. 12388/08) Tower National Insurance Company, etc., respondent, v Douglas Garcia, respondent, Rosa Lia Reyes, appellant. (Action No. 2) (Index No. 3556/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered February 7, 2011, pursuant to CPLR 5520(a) to extend time to serve the notice of appeal, which was timely filed, and to amend the caption to include Action No. 2.

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 granted; and it is further,

ORDERED that the appellant's time to serve the notice of appeal, which was timely filed, is extended until September 16, 2011, (see CPLR 5520[a]), and the appellant shall file proof of service of the notice of appeal with this Court on or before that date; and it is further,

ORDERED that the caption is amended as set forth above; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until September 30, 2011, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court