| Franzoso Contracting, Inc. v Porcari |
| Motion No: 2012-06347 |
| Slip Opinion No: 2013 NY Slip Op 62052(U) |
| Decided on January 18, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M149966
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-06347 Franzoso Contracting, Inc., respondent, v Lawrence A. Porcari, et al., appellants. (Index No. 09-28393)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated June 7, 2012.
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 a decision of the same court dated May 10, 2012, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 19, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court