Appellate Division: Second Judicial Department

M151655

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-07613 Gloria Mooney, appellant, v Peter Mooney, respondent. (Index No. 11-7825)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered June 8, 2012. By order to show cause dated January 9, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action, and the application was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and 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 on the Court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until April 23, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court