Walter v Walter
Motion No: 2005-03448 +1
Slip Opinion No: 2006 NYSlipOp 61183(U)
Decided on January 27, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35345

O/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03448, 2005-05389

Margarita T. Walter, appellant,

v John Walter, respondent.

(Index No. 17328/01)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Westchester County, dated February 25, 2005, and a judgment of the same court, dated May 3, 2005, inter alia, for leave to reargue those branches of her prior motion which were for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to stay enforcement of the judgment, which were determined by decision and order on motion of this court dated July 15, 2005, and to enlarge the time to perfect the appeals.

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 appeals is granted; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until March 3, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is for leave to reargue is denied.

PRUDENTI, P.J., SCHMIDT, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court