Appellate Division: Second Judicial Department

M47803

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2006-02760, 2006-06618 Elizabeth Norton, plaintiff, v Kristopher F. Kenderes, appellant, et al., defendant; Satz and Kirshon, P.C., intervenor-respondent; IBM Corporation, nonparty-respondent. (Index No. 3538/98)

DECISION & ORDER ON MOTION

Separate motions by the appellant on appeals from two orders of the Supreme Court, Dutchess County, dated February 14, 2006, and May 5, 2006, respectively, (1) to stay enforcement of the orders pending hearing and determination of the appeals, and (2) , in effect, to deem the notice of appeal dated March 13, 2006, from the order dated February 14, 2006, to be a notice of appeal from an order of the same court dated February 10, 2006, pursuant to CPLR 5512, and to enlarge the time to perfect that appeal.

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

ORDERED that the motion for a stay is granted to the extent that so much of the order dated May 5, 2006, as directed the appellant to endorse a certain check issued by the nonparty-respondent IBM Corporation to the intervenor-respondent Satz and Kirshon, P.C., is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 3, 2007; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 3, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal dated March 13, 2006, from the order dated February 14, 2006 (Appellate Division Docket No. 2006-02760), to be a notice of appeal from the order dated February 10, 2006, is granted (see CPLR 5512); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated February 10, 2006, is granted, the appellant's time to perfect that appeal is enlarged until January 3, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MILLER, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court