Cunningham Assocs., L.P. v. Peterson

Full title: Cunningham Associates, L.P., Appellant, v. Andrea Peterson, Respondent…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: May 18, 2017

2017 N.Y. Slip Op. 75039 (N.Y. App. Term 2017)

Opinion

Motion No: 2017-00696 QC

05-18-2017

Cunningham Associates, L.P., Appellant, v. Andrea Peterson, Respondent, and et al., Undertenants.

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

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