Appellate Division: Second Judicial Department

M44436

E/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 respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated August 12, 2005, and to vacate a stay granted by decision and order on motion of this court dated June 5, 2006, on condition that the appeal was perfected on or before July 10, 2006. Cross motion by the appellant to enlarge the time to perfect the appeal and, in effect, to amend so much of the decision and order on motion of this court dated June 5, 2006, as conditioned the stay on perfection of the appeal on or before July 10, 2006.

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

ORDERED that the motion is granted, the appeal is dismissed, without costs or disbursements, and the stay granted by decision and order on motion of this court dated June 5, 2006, is vacated; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court