Appellate Division: Second Judicial Department

M105393

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

THOMAS A. DICKERSON, JJ.

2009-09814 Raymond A. Powers, appellant-respondent, v Catherine M. Wilson, respondent-appellant. (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by Raymond A. Powers for leave to withdraw his appeal on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated August 21, 2009. Separate motion by Catherine M. Wilson for leave to prosecute her appeal on the original record and for leave to perfect her appeal with stipulated exhibits.

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

ORDERED that Raymond A. Powers' motion to withdraw his appeal is granted and the appeal by Raymond A. Powers is deemed withdrawn; and it is further,

ORDERED that the branch of Catherine M. Wilson's motion which is for leave to prosecute her appeal on the original record is denied; and it is further,

ORDERED that the branch of Catherine M. Wilson's motion which is for leave to perfect her appeal with stipulated exhibits is denied as the appellant may perfect her appeal using the appendix method (see 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that on the court's own motion, Catherine M. Wilson's time to perfect the appeal is enlarged until August 12, 2010, and the record or appendix on the appeal and Catherine M. Wilson's brief must be served and filed on or before that date.

MASTRO, J.P., FLORIO, BALKIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court