Appellate Division: Second Judicial Department

M62284

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2007-04776 Grayson Hugh Bourne, appellant, v Pamela Bristow, respondent. (Index No. 05-15402)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered April 24, 2007. By order to show cause dated October 11, 2007, as amended by decision and order on motion dated November 5, 2007, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the order was not appealable as of right and the appellant had not sought leave to appeal (see CPLR 5701[a]), and the application to enlarge time was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the appellant's notice of appeal from the order entered April 24, 2007, is deemed a premature notice of appeal from a judgment of the same court entered August 14, 2007 (see CPLR 5520[c]); and it is further,

ORDERED that at the time that the appellant perfects the appeal he shall file a letter or affirmation that the only issues that he plans to raise are issues related to the order entered April 24, 2007; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 22, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court