| Horn v Horn |
| Motion No: 2014-03247 |
| Slip Opinion No: 2015 NY Slip Op 60919(U) |
| Decided on January 13, 2015 |
| 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
M185465
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2014-03247 Melanie Horn, respondent, v Michael Horn, appellant. (Index No. 202300/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Nassau County, dated February 5, 2014, on the ground that no appeal lies from a decision. Cross motion by the appellant to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court entered August 16, 2014, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c), the appellant's time to perfect the appeal is enlarged until February 13, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied.
DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court