Simak v Simak
Motion No: 2013-07417
Slip Opinion No: 2013 NY Slip Op 95451(U)
Decided on December 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M167486

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-07417

Lynn Simak, appellant,

v Craig Simak, respondent.

(Index No. 202541/11 )

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, Nassau County, dated May 30, 2013.

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 April 9, 2013, is deemed to be a notice of appeal from the order dated May 30, 2013 (see CPLR 5512); and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until February 24, 2014, 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