Appellate Division: Second Judicial Department

M165906

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-04824 Carol Kraus, appellant, v Richard Kraus, respondent. (Index No. 3259/93)

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, Orange County, dated March 26, 2013. By order to show cause dated October 25, 2013, the parties or their attorneys were directed show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that no appeal lies as of right from a qualified domestic relations order (see Gormley v Gormely, 238 AD2d 545), and leave to appeal had not been granted, and the application was held in abeyance in the interim.

Now, 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 deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the 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 January 27, 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., LOTT, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court