Appellate Division: Second Judicial Department

M128694

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-01134 Daniel Azznara, appellant, v Ann Grenci, etc., et al., respondents. (Index No. 08-22091)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated November 29, 2010, in effect, to amend so much of a decision and order on motion of this Court dated April 4, 2011, as amended by two decisions and orders on motion of this Court dated May 17, 2011, and September 6, 2011, respectively, as conditioned a stay of all proceedings in the above-entitled action upon the perfection of the appeal on or before October 24, 2011, 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 April 4, 2011, as amended May 17, 2011, and September 6, 2011, is amended by deleting from the second and third decretal paragraphs thereof the date "October 24, 2011," and substituting therefor the date "December 5, 2011"; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 5, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court