Appellate Division: Second Judicial Department

M35651

C/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-09616 Ann Opperisano, respondent, v Louis Opperisano, appellant. (Index No. 25912/02)

DECISION & ORDER ON MOTION

Motion by the respondent for the assignment of counsel to defend an appeal from a judgment of the Supreme Court, Queens County, dated August 18, 2005. Separate motion by the appellant to continue the stay of enforcement of so much of the judgment as granted the respondent a right of first refusal to purchase the marital residence at the sum of $370,000 pending hearing and determination of the appeal which was granted by decision and order on motion of this court dated November 23, 2005, on condition that the appeal was perfected by January 3, 2006. Cross motion by the respondent to vacate the stay on the ground that appeal was not perfected by January 3, 2006. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions, cross motion, and application, and the papers filed in opposition or relation thereto, it is

ORDERED that the motion to continue the stay is granted, as the appellant perfected the appeal on January 4, 2006; and it is further,

ORDERED that the cross motion to vacate the stay is denied; and it is further,

ORDERED that the motion for the assignment of counsel is denied; and it is further,

ORDERED that the application to enlarge the time to serve and file a brief is granted; the respondent shall serve and file her brief on or before March 23, 2006.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court