Appellate Division: Second Judicial Department

M241229

E/ct

SHERI S. ROMAN, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-02284 Zefa Rudovic, appellant, v Luigi Rudovic, et al., respondents. (Index No. 6756/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to deem her notice of appeal from a decision of the Supreme Court, Westchester County, dated December 22, 2016, to be a notice of appeal nunc pro tunc from a judgment of the same court entered January 20, 2017, 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 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 December 18, 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 as academic in light of the decision and order on motion of this Court dated August 3, 2017, wherein the notice of appeal from the decision was deemed to be a notice of appeal from the judgment entered January 20, 2017, pursuant to CPLR 5512.

ROMAN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court