Daniels v City of New York
Motion No: 2012-03250
Slip Opinion No: 2012 NY Slip Op 93849(U)
Decided on December 17, 2012
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

M148196

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-03250

Marilyn Daniels, appellant,

v City of New York, et al., respondents.

(Index No. 16117/09)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to clarify a decision and order on motion of this Court dated October 9, 2012, which denied her motion, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated December 22, 2011, pending hearing and determination of an appeal from the order, and (2) to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to clarify the decision and order on motion of this Court dated October 9, 2012, 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's time to perfect the appeal is enlarged until January 14, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court