| Graubard v Rocking Horse Ranch Corp. |
| Motion No: 2013-01221 |
| Slip Opinion No: 2013 NY Slip Op 77880(U) |
| Decided on June 26, 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
M158419
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2013-01221 Rochelle S. Graubard, appellant, v Rocking Horse Ranch Corp., respondent. (Index No. 6003/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 29, 2013, on the ground that the notice of appeal was not timely filed.
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 on the Court's own motion, the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,
ORDERED that the motion is denied ; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until July 25, 2013, 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., BALKIN, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court