Cunningham v Baldari
Motion No: 2010-08627
Slip Opinion No: 2011 NY Slip Op 90084(U)
Decided on November 18, 2011
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

M128827

E/sl

A. GAIL PRUDENTI, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-08627

Ann C. Cunningham, as administrator of the estate

of Gladys C. Murphy, also known as Gladys

Murphy, plaintiff-respondent, v Julia Baldari,

defendant third-party plaintiff-appellant,

et al., defendants; John Murphy, et al.,

third-party defendants-respondents.

(Action No. 1)

(Index No. 13771/03)

Option One Mortgage Corp., respondent,

v Julia Baldari, appellant, et al., defendant.

(Action No. 2)

(Index No. 10948/02)

DECISION & ORDER ON MOTION

Motion by Julia Baldari on an appeal from a judgment of the Supreme Court, Richmond County, dated July 26, 2010, in effect, to amend so much of a decision and order on motion of this Court dated September 29, 2010, as amended December 10, 2010, and August 25, 2011, as conditioned a stay of the trial in the above-entitled action, upon the perfection of the appeal on or before September 26, 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, the decision and order on motion dated September 29, 2010, as amended December 10, 2010, and August 25, 2011, is amended by deleting from the decretal paragraphs thereof the date "September 26, 2011," and substituting therefor the date "December 21, 2011," and the appellant's time to perfect the appeal is enlarged until December 21, 2011.

PRUDENTI, P.J., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court