Giugliano v Giammarino
Motion No: 2005-02086
Slip Opinion No: 2006 NYSlipOp 60315(U)
Decided on January 6, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34493

C/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-02086

Carmela Giugliano, appellant,

v Anthony M. Giammarino, etc., et al.,

respondents, et al., defendant.

(Index No. 10567/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, entered January 27, 2005, inter alia, in effect, for leave to serve and file a limited appendix and file one copy of the trial transcript in full page format with the clerk of the court, or to reproduce the trial transcript in minuscript, to waive the filing fee, 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 the branches of the motion which are, in effect, for leave to serve and file a limited appendix and file one copy of the transcript in full page format are granted to the extent that the appellant is granted leave to proceed on the original papers; the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other (see 22 NYCRR 670.9[d][2]); and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to reproduce the trial transcript in minuscript is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until March 7, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court