Appellate Division: Second Judicial Department

M119040

P/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2010-00469 Edward A. Cook, respondent-appellant, Elizabeth A. Cook, plaintiff-respondent, v Anne Marie Ciarcia, et al., defendants, Third Avenue & St. Mark's, Inc., appellant-respondent, Steven Trigoboff, defendant-respondent. (Index No. 07-03277)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Westchester County, entered November 24, 2009. The appeal and cross appeal previously were held in abeyance due to the filing of a petition pursuant to Chapter 11 of Title 11 of the United States Code, in the United States Bankruptcy Court for the Southern District of New York (see In re: Third Avenue & St. Mark's Inc., Case No. 09-17623 [REG]). By order dated August 11, 2010, the United States Bankruptcy Court, inter alia, modified the stay imposed in this matter pursuant to 11 USC § 362(a) to allow this matter to proceed.

On the Court's own motion, it is

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until May 14, 2012, and the joint record or appendix on the 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 the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court