| GHI Marketing, Inc. v Diven |
| Motion No: 2017-07030 |
| Slip Opinion No: 2018 NY Slip Op 66685(U) |
| Decided on March 13, 2018 |
| 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
M247214
E/afa
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2017-07030 GHI Marketing, Inc., etc., respondent, v Charles Diven, et al., defendants, Navajo Fields, Inc., etc., appellant. (Index No. 50447/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem a notice of an appeal from an order of the Supreme Court, Westchester County, dated April 26, 2017, to be a premature notice of appeal from a judgment of the same court dated May 16, 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 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 deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as academic; 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 April 13, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court