ARON FRIED, res, v. PHILIP TUCKER, ET AL., ap, ETC. def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated April 17, 2012.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion the notice of appeal from the decision is deemed to be a premature notice of appeal from a judgment of the same court dated September 24, 2012 (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 16, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.