Appellate Division: Second Judicial Department

M35994

C/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-04579 Evangelia Sevdinoglou, respondent, v Alexander Sevdinoglou, appellant. (Index No. 25016-01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Suffolk County, dated February 10, 2005, in effect, to strike the appellant's appendix on the ground that it fails to include any portion of the trial transcript, to vacate so much of a decision and order on motion of this court dated October 21, 2005, as stayed the enforcement of so much of the judgment as directed the payment of maintenance pending hearing and determination of the appeal on condition that the appeal was perfected on or before November 22, 2005, and to enlarge the time to serve and file a brief. Application by the appellant for leave to withdraw the appendix and brief previously filed and to serve and file a new appendix and brief.

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

ORDERED that the application is granted, the appellant's appendix and brief are deemed withdrawn, and on or before March 20, 2006, the appellant shall (1) serve and file a new appendix which contains relevant portions of the trial transcript and shall file a complete transcript of the trial with the Clerk of this court, and (2) serve and file a new brief; and it is further,

ORDERED that the branches of the motion which are to strike the appellant's appendix and to enlarge the time to serve and file a brief are denied as academic in light of the determination of the application; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court