Appellate Division: Second Judicial Department

M148194

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-03852 Ira Hymowitz, respondent, v Ellen Hymowitz, appellant. (Index No. 202994/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, entered March 21, 2012, in effect, to amend so much of a decision and order on motion of this Court dated September 13, 2012, as conditioned a stay of the respondent's transferring, disposing of, modifying, altering, or destroying any interest in HGH Family Partnership, LLC, without the appellant's consent, upon the perfection of the appeal on or before November 13, 2012, and to enlarge the time to perfect the appeal. Separate motion by the appellant to enlarge the record to include the post trial memorandum of law of John A. Gemelli dated July 22, 2011, and the post trial memorandum of law of Wand Powers & Goody, LLP.

Upon the papers filed in support of the motion, inter alia, in effect, to amend the decision and order on motion of this Court dated September 13, 2012, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to enlarge the record and the papers filed in opposition thereto, it is

ORDERED that the motion to amend the decision and order on motion dated September 13, 2012, is granted and the decision and order on motion of this Court dated September 13, 2012, is amended by deleting from the decretal paragraphs thereof the date "November 13, 2012," and substituting therefor the date "January 28, 2013," and the time to perfect the appeal is enlarged until that date; and it is further,

ORDERED that the motion to enlarge the record is denied.

ENG, P.J., RIVERA, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court