Appellate Division: Second Judicial Department

M139037

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-10604 Tanika Johnson, appellant, v Yue Yu Chen, et al., respondents. (Index No. 27094/09)

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 an order of the Supreme Court, Kings County, dated October 7, 2011. By order to show cause dated May 10, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal had not been granted, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied as the order dated October 7, 2011, is the result of a motion made on notice; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 13, 2012, 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., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court