Howe v Flatbush Presbyterian Church
Motion No: 2006-03841
Slip Opinion No: 2007 NYSlipOp 62204(U)
Decided on January 31, 2007
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

M50172

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-03841

Ernest Howe, respondent, v Flatbush

Presbyterian Church, etc., appellant.

(Index No. 4301/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated January 19, 2006, inter alia, to stay the trial in the above-entitled action pending hearing and determination of the appeal 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 stay the trial in the above-entitled action pending hearing and determination of the appeal 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 March 2, 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; and it is further,

ORDERED that the motion is otherwise denied as academic.

MILLER, J.P., RITTER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court