| Brun v Farningham |
| Motion No: 2015-01849 |
| Slip Opinion No: 2015 NY Slip Op 84101(U) |
| Decided on September 10, 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
M198254
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2015-01849, 2015-08369 Elvis S. Brun, appellant, v Jason M. Farningham, et al., respondents. (Index No. 1077/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(c) to deem a notice of appeal from an order of the Supreme Court, Orange County, dated December 9, 2014, to be a premature notice of appeal from a judgment of the same court dated February 6, 2015.
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 on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeals is enlarged until October 20, 2015, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court