Bifulco-Silverman v Silverman
Motion No: 2016-07908
Slip Opinion No: 2017 NY Slip Op 72084(U)
Decided on April 28, 2017
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

M230247

E/ct

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-07908

Lisa T. Bifulco-Silverman, respondent,

v Paul M. Silverman, appellant.

(Index No. 203387/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a decision and order (one paper) of the Supreme Court, Nassau County, dated July 6, 2016, pending hearing and determination of an appeal therefrom, and 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 on the Court's own motion, the notice of appeal from the decision and order is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Nassau County, entered January 18, 2017 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for a stay 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 June 27, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENG, P.J., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court