Sherman v Sherman
Motion No: 2005-04901
Slip Opinion No: 2006 NYSlipOp 61326(U)
Decided on January 31, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35489

Y/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-04901

Christine Sherman, appellant, v

Charles Sherman, respondent.

(Index No. 11963/95)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 31, 2005, for failure to serve and file a proper appendix, and for an enlargement of time to serve and file a brief.

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

ORDERED that the motion is granted to the extent that on or before February 21, 2006, the appellant shall serve and file a supplemental appendix containing the respondent's opposition papers to the underlying motion; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 23, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court