Appellate Division: Second Judicial Department

M54893

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-01684 Barbara Hannigan, respondent, v Thomas Hannigan, appellant. (Index No. 05-9970)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated December 29, 2006, in effect, to amend so much of a decision and order on motion of this court dated March 28, 2007, as conditioned a stay of enforcement of so much of the judgment as directed the distribution of his New York State Local Retirement System Pension and New York State Deferred Compensation Plan upon his perfection of the appeal on or before April 30, 2007, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent, inter alia, to enlarge the record on appeal to include certain correspondence.

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; and it is further,

ORDERED that the decision and order on motion of this court dated March 28, 2007, is amended by deleting from the decretal paragraphs thereof the date "April 30, 2007," and substituting therefor the date "May 30, 2007"; and it is further,

ORDERED that the cross motion is denied.

PRUDENTI, P.J., SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court