Gross v Gross
Motion No: 2005-09916
Slip Opinion No: 2007 NYSlipOp 62774(U)
Decided on February 8, 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

M50607

E/mv

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2005-09916

Martin Gross, etc., respondent,

v Fanny Gross, appellant.

(Index No. 5638/02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue (1) a motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated August 12, 2005, and to vacate a stay granted by decision and order on motion of this court dated June 5, 2006, on condition that the appeal was perfected on or before July 10, 2006, and (2) a cross motion by the appellant to enlarge the time to perfect the appeal and, in effect, to amend so much of the decision and order on motion of this court dated June 5, 2006, as conditioned the stay on perfection of the appeal on or before July 10, 2006, which were determined by decision and order on motion dated September 13, 2006.

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

ORDERED that the motion is denied.

CRANE, J.P., RITTER, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court