Quigley v Quigley
Motion No: 2006-11388
Slip Opinion No: 2007 NYSlipOp 62600(U)
Decided on February 6, 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

M50400

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-11388

Karen Quigley, respondent,

v James Quigley, appellant.

(Index No. 05-5015)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 1, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, inter alia, pursuant to CPLR 5520(a) to extend his time to serve a notice of appeal from a judgment of the Supreme Court, Westchester County, dated October 26, 2006, which notice of appeal was timely filed.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is pursuant to CPLR 5520(a) to extent the appellant's time to serve the notice of appeal is granted, and the appellant's time to serve his notice of appeal on the respondent is extended until February 16, 2007; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court