Appellate Division: Second Judicial Department

M37244

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, for leave to reargue her motion, inter alia, to strike the respondent's brief, which was determined by decision and order on motion of this court dated January 12, 2006, and, in effect, to enlarge her time to comply with the decision and order on motion of this court dated January 12, 2006.

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 reargue is granted to the extent that the decision and order on motion dated January 12, 2006, is amended by adding before the last decretal paragraph the following paragraph:

"ORDERED that the branch of the motion which is to direct the respondent to pay for the hearing transcripts and the appellant's costs to prosecute the appeal is denied without prejudice to seeking relief in the Supreme Court pursuant to DRL 238; and it is further,"

and it is further,

ORDERED that the branch of the motion which is to enlarge the time to comply with the decision and order on motion dated January 12, 2006, is granted, and the decision and order on motion dated January 12, 2006, is amended by deleting from therefrom the dates March 14, 2006, and April 14, 2006, and substituting therefor the dates May 1, 2006, and June 1, 2006, respectively; 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