Appellate Division: Second Judicial Department

M84726

S/cb

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2008-10226, 2008-10227 Carl A. Scheuering, respondent, v Nancy Scheuering, appellant. (Index No. 4350/03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order and an amended order of the Supreme Court, Orange County, both dated August 20, 2008.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the amended order dated August 20, 2008, is dismissed, without costs or disbursements, as that order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated August 20, 2008, is granted and the appellant's time to perfect that appeal is enlarged until May 12, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic..

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court