Appellate Division: Second Judicial Department

M52952

J/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-09551 Fred Nelson, etc., respondent, v Stanley Kalathara, etc., defendant, Claude Simpson, etc., appellant. (Index No. 06-8453)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered August 29, 2006, in effect, to amend so much of a decision and order on motion of this court dated March 27, 2007, as conditioned a stay upon his perfection of the appeal on or before April 2, 2007, and to enlarge the time to perfect the appeal.

Upon the papers submitted in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted; and it is further,

ORDERED that the decision and order on motion of this court dated March 27, 2007, is amended by deleting from the decretal paragraphs thereof the date "April 2, 2007," and substituting therefor the date "April 5, 2007"; and it is further,

ORDERED the appellant's time to perfect the appeal is enlarged until April 5, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SPOLZINO, J.P., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court