Appellate Division: Second Judicial Department

M34956

O/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-06237 Andrew Mora, appellant-respondent, v Theresa Mora, respondent-appellant. (Index No. 3432/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent pursuant to CPLR 5520(a) to extend the time to file a notice of appeal from a judgment of the Supreme Court, Queens County, dated April 18, 2005, which notice of appeal was timely served upon all other parties, and cross motion by the respondent-appellant to dismiss the appeal for failure to timely file the notice of appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the appellant-respondents's time to file his notice of appeal in the office of the Clerk of the Supreme Court, Queens County, is extended up to and including February 1, 2006; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until April 3, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court