Appellate Division: Second Judicial Department

M36806

T/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-02111 Bank of America, NA, respondent, v Daniel M. Tobin, defendant; Victoria Ann Tobin, nonparty-appellant. (Index No. 8849/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay her eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated February 4, 2004, and cross motion by the respondent to dismiss the appeal for failure to timely perfect. Application by Benjamin Salzano, a nonparty, inter alia, for an award of costs and an attorney's fee.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied on condition that on or before March 27, 2006, the appellant serves her record and brief on the respondent's attorney at the respondent's attorney's correct address and files proof of such service with this court; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until April 27, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the application is denied without prejudice to making a formal motion for the same relief (see CPLR 8022[b]).

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court