Appellate Division: Second Judicial Department

M140889

E/ct

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-10291 Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, respondent, v City of Mount Vernon, appellant. (Index No.10-4836)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of appeal from an order of the Supreme Court, Westchester County, dated September 26, 2011, to be a premature notice of an appeal from a judgment of the same court entered October 26, 2011, to take judicial notice of certain records and documents, and to enlarge the time to perfect the appeal. Separate motion by the respondent to dismiss the appeal from the order dated September 26, 2011, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment, or, in the alternative, to vacate any automatic stay which is effect pursuant to CPLR 5519(a)(1).

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to deem the notice of appeal from the order dated September 26, 2011, to be a premature notice of appeal from the judgment entered October 26, 2011, is granted (see CPLR 5520[c]); 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's time to perfect the appeal is enlarged until August 20, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court