Huimin Sun v Cai
Motion No: 2015-09375
Slip Opinion No: 2016 NY Slip Op 68470(U)
Decided on March 30, 2016
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

M207503

S/jr

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-09375

Huimin Sun, et al., respondents,

v Helen Ruijia Cai, appellant.

(Index No. 19703)

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, Queens County, dated June 30, 2015.

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 the decision is deemed to be a premature notice of appeal from a judgment of the same court entered October 2, 2015 (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 May 2, 2016, 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, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court