Appellate Division: Second Judicial Department

M126661

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-02750 Kai Hong Hom, respondent, v Bill Hom, appellant, et al., defendants. (Index No. 06602/06)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Queens County, dated January 31, 2011. By order to show cause dated September 6, 2011, the parties or their counsel were directed to show cause before this court why the appeal should not be dismissed on the ground that no appeal lies from a decision and the application was held in abeyance in the interim.

Now, upon the order to show cause, and the papers filed in response thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from a judgment of the same court entered March 10, 2011 (see CPLR 5520[c]); and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until November 28, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court