| Cunningham Assoc., L.P. v Andrea Peterson |
| Motion No: 2017-00696 QC |
| Slip Opinion No: 2017 NY Slip Op 84981(U) |
| Decided on August 16, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Cunningham Associates, L.P., Appellant, v Andrea Peterson, Respondent, and et al., Undertenants.(Original Decision & Order dated May 18, 2017) |
Motion by appellant to enlarge the time to perfect an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 18, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion seeking an enlargement of time to perfect the appeal is denied as premature, as the record on appeal has not yet been received by this court. Pursuant to the Rules of the Appellate Term for the 2nd, 11th & 13th Judicial Districts (22 NYCRR) §§ 731.8 (a) and 731.4(a)(1), appellant's time to perfect the appeal does not begin to run until a record on appeal has been filed with the clerk of this court. Inasmuch as the record on appeal has not been filed to date, the motion is premature.
ENTER:
Paul Kenny
Chief Clerk