Perez v Fiore
Motion No: 2006-09330
Slip Opinion No: 2007 NYSlipOp 70517(U)
Decided on May 31, 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

M55325

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2006-09330

Robert Perez, plaintiff-respondent, v Rocco

Fiore, Jr., appellant; Rocco Fiore, additional

defendants on the counterclaim-respondents.

(Index No. 04-11232)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reargue his prior motion, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Westchester County, dated September 19, 2006, which was determined by decision and order on motion dated October 18, 2006, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until July 25, 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 motion is otherwise denied.

PRUDENTI, P.J., MASTRO, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court