Appellate Division: Second Judicial Department

M58896

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-01217 Sharone Taverna, respondent, v John Taverna, appellant. (Index No. 11903-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, entered January 5, 2007, in effect, to amend so much of a decision and order on motion of this court dated March 21, 2007, as amended by decision and order on motion of this court dated May 9, 2007, as conditioned a stay, of enforcement of certain portions of the judgment upon his perfection of the appeal on or before June 8, 2007, and to enlarge the time to perfect the appeal, and cross motion by the respondent, inter alia, for leave to reargue her cross motion to vacate the stay.

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 21, 2007, is amended by deleting from the decretal paragraphs thereof the date "June 8, 2007," and substituting therefor the date "October 23, 2007;" and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 23, 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 extensions or enlargements of time shall be granted; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court