PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND LUNN JJ.

DOCKET NO. CA 08-00992

IN THE MATTER OF THE APPLICATION OF KURT W. WATSON, PETITIONER-RESPONDENT, FOR THE DISSOLUTION OF WATSON LANDSCAPING, INC., RESPONDENT-APPELLANT. WATSON LANDCAPING, INC., PLAINTIFF-APPELLANT, V KURT WATSON, DEFENDANT-RESPONDENT.

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 2, 2007, to amend the notice of appeal, and for a stay of all proceedings pending determination of the appeal,

Now, upon reading and filing the affidavit of Joanne Van Dyke sworn to April 30, 2008, the notice of motion with proof of service thereof, the opposing affirmation of James L. Sonneborn dated May 7, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that appellant shall perfect the appeal on or before July 18, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and the motion is otherwise denied.

Memorandum: The notice of appeal cannot be amended to add appellants (see Owl Homes of Fredonia v Murphy, 199 AD2d 1077 [1993]). A stay of all proceedings is not available (see Rhodes v Mosher 115 AD2d 351 [1985]), nor is a discretionary stay of proceedings to enforce the order appealed from (see Sullivan v Troser Mgt., 30 AD3d 1118 [2006]).

Entered: May 20, 2008

JoAnn M. Wahl, Clerk