Nash v MRC Recovery, Inc.
Motion No: 2016-02170
Slip Opinion No: 2017 NY Slip Op 73310(U)
Decided on May 10, 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

M230777

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-02170

Lawrence Nash, appellant,

v MRC Recovery, Inc., et al., respondents,

et al., defendant.

(Index No. 24017/11)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(c) to deem a notice of an appeal from an order of the Supreme Court, Suffolk County, dated January 12, 2016, to be a notice of appeal from a judgment of the same court entered January 25, 2016, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 (see CPLR 5512[a]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until June 9, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

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

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court