Appellate Division: Second Judicial Department

M50998

E/nl

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2006-08083 Michael D. Preisner, respondent, v Brenda Preisner, appellant. (Index No. 17397/04)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of an appeal from a decision of the Supreme Court, Westchester County, entered July 24, 2006, to be a premature notice of appeal from a judgment of the same court entered October 5, 2006 (see CPLR 5520[c]). Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted and the notice of appeal from the decision entered July 24, 2006, is deemed to be a premature notice of appeal from the judgment entered October 5, 2006; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until April 23, 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 the cross motion is denied in light of our determination of the motion.

MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court