Biondo v Jacobs
Motion No: 2006-05121
Slip Opinion No: 2006 NYSlipOp 82496(U)
Decided on December 22, 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

M48560

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-05121

Vincent Biondo, appellant, v

Jeffrey Jacobs, et al., respondents.

(Index No. 05-2434)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated May 8, 2006, to reinstate a stay granted by decision and order on motion of this court dated August 17, 2006, which was vacated by decision and order on motion dated November 17, 2006, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to reinstate the stay is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until January 22, 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 no further enlargements of time shall be granted.

MILLER, J.P., SCHMIDT, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court