Walcott v Walcott
Motion No: 2009-02016
Slip Opinion No: 2009 NYSlipOp 69972(U)
Decided on April 17, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85366

E/nl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-02016

Dereck Walcott, appellant, v Deborah

Walcott, respondent.

(Index No. 200144/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an amended judgment of the Supreme Court, Nassau County, dated December 11, 2008, pending hearing and determination of an appeal therefrom, and pursuant to CPLR 5520(a) to extend the time to cure omissions "or other required acts" in the notice of appeal "previously served."

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

ORDERED that the branch of the motion which is to stay enforcement of the judgment entered December 11, 2008, is denied; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5520(a) to extend the time to cure omissions "or other required acts" in the notice of appeal "previously served" is denied as unnecessary.

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court