Appellate Division: Second Judicial Department

M115924

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-04691 Anton Mure, appellant-respondent, v Lisa Mure, respondent-appellant. (Index No. 233-07)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, in effect, to recall and vacate so much of a decision and order on motion of this Court dated December 16, 2010, as dismissed an appeal and cross appeal from a decision of the Supreme Court, Suffolk County, dated February 5, 2010, to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court dated July 15, 2010, to stay enforcement of stated portions of the judgment, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is, in effect, to recall and vacate so much of the decision and order on motion dated December 16, 2010, as dismissed the appeal and cross appeal is granted, and the appeal and cross appeal are reinstated; and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal from the decision to be a premature notice of appeal from the judgment dated July 15, 2010, is granted, and the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that on the Court's own motion, the notice of cross appeal from the decision is deemed to be a premature notice of cross appeal from the judgment dated July 15, 2010, (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of stated portions of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant-respondent's time to perfect the appeal is enlarged until April 26, 2011, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file an answering brief, including points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).

RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court