Appellate Division: Second Judicial Department

M231465

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-13084 Hideko Paragon, appellant, v Constance Paragon, et al., respondents. (Index No. 57967/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated December 1, 2016, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to direct the appellant to post an undertaking in a sum not less that $679,000 in the event that a stay is granted. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until July 21, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court