Matter of Felshman v Yamali
Motion No: 2016-06898
Slip Opinion No: 2017 NY Slip Op 65846(U)
Decided on March 2, 2017
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

M227017

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2016-06898

In the Matter of Myrna Dawn Felshman,

respondent, v Linda Yamali, appellant.

(Index No. 1610/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 2, 2016, on the ground that the right of direct appeal therefrom terminated upon entry of a final judgment in the above-entitled proceeding on June 20, 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 papers filed in opposition thereto, and 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 order is deemed to be a notice of appeal from the judgment entered June 20, 2016 (see CPLR 5512[a]); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal from the judgment is enlarged until April 3, 2017, and the record or appendix and the appellant's brief shall be served and filed on or before that date.

HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court