MATTER OF BERNARD L. ELLIS, ap, v. LISA BURKE, res — Motion by the appellant, in effect, to amend so much of a decision and of this Court dated October 19, 2012, as conditioned a stay of enforcement of so much of the order as transferred physical custody of the subject child to the respondent upon the perfection of the appeal on or before December 18, 2012. Cross motion by the respondent to vacate the stay.

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

ORDERED that the motion is granted, and the decision and of this Court dated October 19, 2012, is amended by deleting from the decretal paragraphs thereof the date "December 18, 2012," and substituting therefor the date "March 15, 2013"; and it is further,

ORDERED that the cross motion is denied without prejudice to renew in the event the appeal is not perfected on or before March 15, 2013.

DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.