O'Rourke v O'Rourke
Motion No: 2013-10266
Slip Opinion No: 2014 NY Slip Op 71623(U)
Decided on May 8, 2014
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

M173818

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-10266

Dennis O'Rourke, respondent,

v Denise O'Rourke, appellant.

(Index No. 201779/10)

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 a decision of the Supreme Court, Nassau County, dated September 30, 2013.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from a judgment of the same court entered February 20, 2014 (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until June 27, 2014, 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, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court