Appellate Division: Second Judicial Department

M172900

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2013-08061 In the Matter of Peaceful Valley Land Stew LLC, appellant, v Katherine Johnson, etc., (Index Nos. 5458/09, 4396/11, 4269/12)

DECISION & ORDER ON MOTION ardship, respondent.

Motion by the appellant to deem the notice of an appeal from an order of the Supreme Court, Dutchess County, dated June 18, 2013, to be a premature notice of appeal from a judgment of the same court dated July 30, 2013, entered in the above-entitled proceedings. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief responding to the brief filed by the appellant, as well as a brief responding to the brief filed by an amicus curiae.

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 the motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c), and on or before May 6, 2014, the appellant must serve and file a supplemental record containing the judgment dated July 30, 2013; and it is further,

ORDERED that the application is granted, and the time to serve and file a brief responding to the brief filed by the appellant, as well as a brief responding to the brief filed by the amicus curiae is enlarged until June 5, 2014.

RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court