Appellate Division: Second Judicial Department

M143364

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-00611, 2012-08053 Christopher Canzona, appellant, v Charles Atanasio, et al., respondents. (Index No. 22425-11)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2011 to be a premature notice of appeal from a judgment of the same court entered January 17, 2012. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation 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 on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

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

ORDERED that the application is granted the appellant's time to perfect the appeals is enlarged until November 13, 2012, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court