Appellate Division: Second Judicial Department

M36727

E/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-05373 Nina Fox, appellant, v Norris Fox, respondent. (Action No. 1) (Index No. 2565/05) Norris Fox, respondent, v Nina Fox, appellant. (Action No. 2) (Index No. 19651/02)

DECISION & ORDER ON MOTION

Motion by Norris Fox, as the respondent in Action No. 1, on an appeal from an order of the Supreme Court, Westchester County, entered May 13, 2005, for leave to serve and file a supplemental record containing certain documents and to enlarge the 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 branch of the motion which is for leave to serve and file a supplemental record containing the exhibits appended to the papers of Norris Fox submitted to the Supreme Court in opposition to the motion to consolidate is granted, and on or before April 10, 2006, Norris Fox, as the respondent in Action No. 1, shall serve and file a supplemental record containing those documents and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of Norris Fox, as the respondent in Action No. 1, to serve and file a brief is enlarged until April 10, 2006, and that respondent's brief must be served and filed on or before that date.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court