Appellate Division: Second Judicial Department

M98288

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

PETER B. SKELOS

LEONARD B. AUSTIN, JJ.

2006-09330, 2009-04107, 2009-05725 Robert Perez, plaintiff-respondent, v Rocco Fiore, Jr., appellant; Rocco Fiore, et al., additional defendants on the counterclaims- respondents. (Index No. 04-11232)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an interlocutory judgment of the Supreme Court, Westchester County, dated September 19, 2006 (Appellate Division Docket No. 2006-09330), which was dismissed by a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2007 Calendar", dated November 5, 2007, and appeals from an order of the same court dated March 30, 2009 (Appellate Division Docket No. 2009-04107), and a judgment of the same court dated June 1, 2009 (Appellate Division Docket No. 2009-05725), (1) to stay the distribution of the proceeds of the sale of the subject premises pending hearing and determination of the appeals, (2) in effect, to recall and vacate so much of the decision and order on motion dated November 5, 2007, as dismissed the appeal from the interlocutory judgment dated September 19, 2006, and reinstate the appeal, (3) for leave to serve and file amended notices of appeal on all three appeals, (4) to enlarge the time to perfect the appeal from the order dated March 30, 2009, and (5) for leave to renew and reargue his prior motion to stay enforcement of the judgment dated June 1, 2009, which was determined by decision and order on motion of this court dated June 30, 2009. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the judgment dated June 1, 2009.

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

ORDERED that the branch of the motion which is to stay the distribution of the proceeds of the sale of the subject premises is granted to the extent that the parties and their agents, including referee Joseph A. Maria, are stayed from distributing any surplus proceeds from the sale of the premises located at 28 Fairview Avenue, Tuckahoe, after the lender is paid and any necessary expenses are paid, pending hearing and determination of the appeals from the order dated March 30, 2009, and the judgment dated June 1, 2009, on condition that the appeals are perfected by March 8, 2010; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 30, 2009 (Appellate Division Docket No. 2009-04107), and the application to enlarge the time to perfect the appeal from the judgment dated June 1, 2009 (Appellate Division Docket No. 2009-05725), are granted, the appellant's time to perfect those appeals is enlarged until March 8, 2010, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., MASTRO, SKELOS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court