Appellate Division: Second Judicial Department

M66492

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-08635 Stephanie Gallagher, et al., appellants, v Rafael Roman, et al., respondents. (Index No. 03-14354)

DECISION & ORDER ON MOTION

Motion by the appellant Stephanie Gallagher to stay the hearing on the issue of the amount of use and occupancy to be paid to the respondent in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered August 14, 2007, and for a preference in the calendaring of the appeal. Separate motion by the appellant Stephanie Gallagher to enlarge the time to perfect the appeal and for leave to perfect the appeal with a record on appeal containing only a portion of the trial transcript.

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

ORDERED that the motion to stay the hearing and for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until April 21, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to perfect the appeal with a record on appeal containing only a portion of the trial transcript is denied.

We note that the appellant Charles Gallagher must either appear pro se or by an attorney (see CPLR 321).

MILLER, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court