Appellate Division: Second Judicial Department

M74770

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ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2008-03034 Carol Watson, respondent, v Lenox Pascal, appellant, et al., defendant. (Index No. 02-13496)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated May 5, 2008, in effect, to amend so much of a decision and order on motion of this court dated May 22, 2008, as conditioned a stay of enforcement of the judgment, upon the perfection of the appeal on or before July 15, 2008, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the 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 dated May 22, 2008, is amended by deleting from the decretal paragraphs thereof the date "July 15, 2008," and substituting therefor the date "September 22, 2008"; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 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.

SPOLZINO, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court