Appellate Division: Second Judicial Department

M45829

A/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-04059 In the Matter of Village of Port Chester, respondent; William Brody, appellant. (Index No. 6448/00)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(a) to extend its time to serve a notice of appeal from a judgment of the Supreme Court, Westchester County, entered April 3, 2006, which notice of appeal was timely filed; application by the appellant to enlarge the time to perfect the appeal; and cross motion by the respondent to hold the motion and the appeal in abeyance pending determination of a motion to vacate the judgment which is pending before the Supreme Court, Westchester County.

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

ORDERED that the motion is granted, and the appellant's time to serve his notice of appeal on the respondent is extended until November 16, 2006; and it is further,

ORDERED that the application is granted, and the appellant's time to perfect the appeal is enlarged until January 5, 2007, 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 the cross motion is denied.

MILLER, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court