Appellate Division: Second Judicial Department

M55337

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN, JJ.

2006-09112 In the Matter of the Town of North Hempstead Community Development Agency, etc., respondent; Jacqueline Savage McMillan, etc., nonparty- appellant. (Index No. 3558/05)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered August 11, 2006, pending hearing and determination of an appeal therefrom. Separate motion by the respondent to vacate the temporary restraining order contained in the order to show cause signed by a Justice of this court, dated October 23, 2006. By decision and order on motion of this court, the appellant was directed to make an application to the Surrogate's Court, Nassau County, for the appointment of a personal representative for the deceased appellant (see CPLR 1015[a]; 1021), and the motions were held in abeyance pending the appointment of a personal representative for the deceased appellant.

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

ORDERED that the nonparty-appellant's motion is denied; and it is further,

ORDERED that the respondent's motion is denied as academic; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until August 28, 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.

MASTRO, J.P., RIVERA, SPOLZINO and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court