Appellate Division: Second Judicial Department

M43905

T/sl

2006-02197 Jeanette Rizzo, appellant-respondent, v Daniel DeStefano, et al., respondent-appellant, et al., respondents. (Index No. 101902/05)

ORDER ON APPLICATION

ORDERED that the order on application dated August 17, 2006, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated January 11, 2006, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal and cross appeal.

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal is granted, and the appellant-respondent's time to perfect the appeal is enlarged until October 23, 2006, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before November 24, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the application which is to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is denied without prejudice to making a motion for that relief (see CPLR 8022[b]).

ENTER:

James Edward Pelzer

Clerk of the Court