Appellate Division: Second Judicial Department

M40342

O/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2005-09916 Martin Gross, etc., respondent, v Fanny Gross, appellant. (Index No. 02-5638)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of a judgment of the Supreme Court, Orange County, dated August 12, 2005, to stay any eviction proceeding commenced by the respondent in the Justice Court, Town of Woodbury, pending hearing and determination of an appeal therefrom, and application by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, and enforcement of the judgment and any eviction proceeding pending in the Justice Court, Town of Woodbury between the parties, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 10, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 10, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 10, 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.

FLORIO, J.P., CRANE, RITTER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court