Appellate Division: Second Judicial Department

M251556

F/sl

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2017-11338 Caron Elroumy, respondent, v Asser Elroumy, appellant. (Index No. 16215/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 19, 2017, in effect, to amend so much of a decision and order on motion of this Court dated January 24, 2018, as amended March 21, 2018, as conditioned a stay of enforcement of an order of commitment of the same court dated December 20, 2017, upon the perfection of the appeal on or before April 3, 2018, and to enlarge the time to perfect the appeal. Cross motion by the respondent, inter alia, to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by serving and filing a record and brief on the appeal is enlarged until July 16, 2018; and it is further,

ORDERED that the branch of the motion which is, in effect, to amend so much of a decision and order on motion of this Court dated January 24, 2018, as amended March 21, 2018, as conditioned the stay enforcement of the order of commitment dated December 20, 2017, upon the perfection of the appeal on or before April 3, 2018, is granted, and the decision and order on motion of this Court dated January 24, 2018, as amended March 21, 2018, is further amended by deleting from the decretal paragraphs thereof the date "April 3, 2018," and substituting therefor the date "July 16, 2018"; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court