Appellate Division: Second Judicial Department

M65282

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-04147, 2007-08359 Burton Field Brinkerhoff, respondent, v Zina J. Brinkerhoff, appellant. (Appeal No. 1) Burton Field Brinkerhoff, appellant-respondent, v Zina J. Brinkerhoff, respondent-appellant. (Appeal No. 2) (Index No. 9798/86)

DECISION & ORDER ON MOTION

Motion by Burton Field Brinkerhoff on an appeal from an order of the Supreme Court, Nassau County, dated February 5, 2007 (Appellate Division Docket No. 2007-04147), and an appeal and cross appeal from an order of the same court dated August 6, 2007 (Appellate Division Docket No. 2007-08359), to stay enforcement of an injunction contained in the order dated February 5, 2007, without posting security, as provided by the order dated August 6, 2007, pending hearing and determination of the appeals and cross appeal, and for a preference in the calendaring of the appeal and cross appeal from the order dated August 6, 2007.

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

ORDERED that on the court's own motion, the appeal from the order dated February 5, 2007 (Appellate Division Docket No. 2007-04147), is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is denied.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court