| Larkin v Wagner |
| Motion No: 2015-11515 |
| Slip Opinion No: 2016 NY Slip Op 77626(U) |
| Decided on June 23, 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. |
Appellate Division: Second Judicial Department
M213750
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2015-11515 Ruby Larkin, et al., appellants, v John R. Wagner, respondent, et al., defendants. (Index No. 14716/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem a notice of appeal from an order of the Supreme Court, Queens County, dated October 9, 2015, to be a premature notice of appeal from a judgment of the same court entered March 2, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is enlarged until September 6, 2016, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court