| Babes v New York City Transit Authority |
| Motion No: 2013-05012 |
| Slip Opinion No: 2013 NY Slip Op 94423(U) |
| Decided on December 17, 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
M166904
E/mv
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2013-05012
Ioana Babes, etc., et al., appellants, v New York City Transit Authority, respondent. (Index No. 28029/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem the notice of an appeal from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Queens County, dated March 8, 2012, to be a premature notice of appeal from a judgment of the same court entered October 28, 2013, and to enlarge the time to perfect the appeal.
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 the motion is granted, the notice of appeal dated March 5, 2013, is deemed to be a premature notice of appeal from the judgment entered October 28, 2013 (see CPLR 5520[c), the appellants' time to perfect the appeal is enlarged until January 17, 2014, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court