Appellate Division: Second Judicial Department

M48522

E/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2006-07162 Marianne Midy, appellant, v Emmanuel Midy, respondent. (Index No. 200894/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Nassau County, entered July 6, 2006, to vacate a stay of certain portions of the judgment which was granted by decision and order on motion of this court dated September 8, 2006, and cross application by the appellant to amend so much of the decision and order on motion of this court dated September 8, 2006, as conditioned the stay upon perfection of the appeal on or before November 8, 2006, and, in effect, to enlarge the time to perfect the appeal until January 15, 2007.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross application is granted, and the decision and order on motion of this court dated September 8, 2006, is amended by deleting from the decretal paragraphs thereof the date "November 8, 2006," and substituting therefor the date "January 15, 2007"; and it is further,

ORDERED that no further extensions of time shall be granted.

PRUDENTI, P.J., FLORIO, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court