Appellate Division: Second Judicial Department

M182223

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-02680 Lori Josephs Leibowitz, appellant, v David Leibowitz, respondent. (Index No. 10-13965)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated December 16, 2013, on the ground that no appeal lies from a judgment entered upon the stipulation of the parties. Cross motion by the appellant, inter alia, to enlarge the time to perfect the appeal and to direct the respondent to comply with a certain stipulation dated March 28, 2013.

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

ORDERED that the motion is denied (see Ayrovainen v Ayrovainen, 94 AD3d 922); and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until December 1, 2014, 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 branch of the cross motion which is to direct the respondent to comply with the stipulation dated March 28, 2013, is denied without prejudice to seeking relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the cross motion is otherwise denied.

ENG, P.J., COHEN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court