Appellate Division: Second Judicial Department

M34805

E/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-07251, 2005-03422 Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively, inter alia, to strike the respondent's brief or, alternatively, to enlarge the time to serve and file a reply brief.

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 appendix and all briefs are stricken, and on or before March 14, 2006, the appellant shall obtain and settle the transcript of the minutes of the hearing which occurred before the Supreme Court, Kings County; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 14, 2006, and the appellant shall serve and file an appendix that complies with the rules of this court (see 22 NYCRR 670.10.2[c]) and new brief on or before that date; and it is further,

ORDERED that the branch of the motion which is to strike the respondent's brief or, alternatively, to enlarge the time to serve and file a reply brief is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court