Appellate Division: Second Judicial Department

M52367

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-03306 Avraham Levi, appellant, v Sigal Levi, respondent. (Index No. 43247/01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue that branch of his prior motion which was to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated November 28, 2005, which was determined by decision and order on motion dated January 31, 2007, and cross motion by the respondent to dismiss the appeal for failure to timely perfect the same in accordance with prior orders and rules of the court.

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

ORDERED that the motion is granted, upon reargument, so much of the decision and order on motion dated January 31, 2007, as determined that branch of the prior motion which is to enlarge the time to perfect the appeal is recalled and vacated, that branch of the prior motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until May 16, 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 cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court