Appellate Division: Second Judicial Department

M38011

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-09169 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Magline Richberg, appellant, et al., defendants. (Index No. 17812/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 18, 2005, in effect, to amend so much of a decision and order on motion of this court dated November 9, 2005, as amended January 26, 2006, as conditioned a stay of enforcement of a judgment of the same court dated June 30, 2005, upon her perfection of the appeal by March 15, 2006, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is, in effect, to amend so much of the decision and order on motion of this court dated November 9, 2005, as amended January 26, 2006, as conditioned a stay of enforcement of the judgment dated June 30, 2005, upon the appellant's perfection of the appeal by March 15, 2006, is denied; and it is further,

ORDERED that on the court's own motion, the stay of enforcement of the judgment which was granted by the decision and order on motion of this court dated November 9, 2005, as amended January 26, 2006, is vacated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; the appellant's time to perfect the appeal is enlarged until May 26, 2006, and the record or appendix on the appeal 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.

RITTER, J.P., GOLDSTEIN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court