| Burks v Godino |
| Motion No: 2016-05283 |
| Slip Opinion No: 2016 NY Slip Op 91777(U) |
| Decided on November 17, 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
M221556
E/afa
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-05283 Shedia Burks, appellant, v Brian Godino, respondent. (Index No. 23649/10)
| 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, Kings County, dated April 13, 2016, to be a premature notice of appeal from a judgment of the same court entered May 5, 2016. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until December 19, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
BALKIN, J.P., DICKERSON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court