Appellate Division: Second Judicial Department

M47068

T/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-04510, 2006-09430 In the Matter of Carol C. (Anonymous), appellant. Verna Eggleston, etc., et al., respondents. (Index No. 100238/03)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated January 19, 2006 (Appellate Division Docket No. 2006-04510), and an amended order of the same court dated August 14, 2006 (Appellate Division Docket No. 2006-09430), to stay enforcement of the order dated January 19, 2006, and enjoin the temporary guardian from selling the appellant's house and buying a condominium or co-operative apartment for the appellant's use pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, and for leave to perfect the appeals on the original papers. Separate application by the appellant pursuant to 22 NYCRR 670.8(d)(2), in effect, to enlarge the time to perfect the appeal from the order dated January 19, 2006.

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

ORDERED that on the court's own motion, the notice of appeal from the order dated January 19, 2006, is deemed to be an application for leave to appeal to this court, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated January 19, 2006, and enjoin the temporary guardian from selling the appellant's house and buying a condominium or co-operative apartment for the appellant's use pending hearing and determination of the appeals is granted, and enforcement of the order dated January 19, 2006, is stayed and the temporary guardian is enjoined from selling the appellant's house and buying a condominium or co-operative apartment for the appellant's use pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 18, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 18, 2006, the court, on its own motion, may vacate the stay, or the respondent or the temporary guardian may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, and the appeals shall be calendared when they are fully perfected; and it is further,

ORDERED that the branch of the motion which is for leave to perfect the appeals on the original papers is granted, and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal from the order dated January 19, 2006, by causing the original papers constituting the record on that appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2], and by serving and filing her brief on that appeal is enlarged until December 18, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court