Klingenstein v 3889 Purchase Street Associates, LLC
Motion No: 2009-10741
Slip Opinion No: 2010 NY Slip Op 72464(U)
Decided on May 26, 2010
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

M103444

J/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10741

Lucy L. Klingenstein, respondent,

v 3889 Purchase Street Associates, LLC,

appellant.

(Index No. 09-14884)

DECISION & ORDER ON MOTION

Joint motion by the parties on an appeal from a judgment of the Supreme Court, Westchester County, dated November 9, 2009, in effect, to amend so much of a decision and order on motion of this court dated December 4, 2009, as amended December 18, 2009, February 22, 2010, and March 26, 2010, as conditioned a stay of enforcement of the judgment dated November 9, 2009, upon the perfection of the appeal on or before June 2, 2010, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion dated December 4, 2009, is further amended by deleting from the decretal paragraphs thereof the date "June 2, 2010," and substituting therefor the date "August 2, 2010"; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until August 2, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court