Scicchitano v Algazi
Motion No: 2006-04907
Slip Opinion No: 2006 NYSlipOp 81746(U)
Decided on December 12, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M48036

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-04907

Carol Ann Scicchitano, etc., appellant,

v Michael Algazi, etc., respondent.

(Index Nos. 133328/03, 8628/04)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered April 12, 2006.

ORDERED that on the court's own motion, the appeal from so much of the order entered April 12, 2006, as decided motions pending under Index No. 133328/03 is dismissed as superseded by a judgment of the same court entered October 10, 2006 (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 16, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

CRANE, J.P., RIVERA, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court