| Pugni v Giannini |
| Motion No: 2017-00144 |
| Slip Opinion No: 2017 NY Slip Op 87827(U) |
| Decided on October 3, 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. |
Appellate Division: Second Judicial Department
M238665
E/afa
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-00144 John S. Pugni, appellant, v Peter Giannini, et al., respondents. (Index No. 56737/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of an appeal from an order of the Supreme Court, Westchester County, dated December 6, 2016, to be a premature notice of appeal from a judgment of the same court dated December 23, 2017, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated December 6, 2016, is deemed to be a notice of appeal from the judgment dated December 23, 2017, (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 November 3, 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.
ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court