Appellate Division: Second Judicial Department

M37937

C/nal

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-06004, 2005-08678, 2006-01102 Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, dated June 20, 2005, and July 15, 2005, respectively, and an order and judgment (one paper) of the same court dated November 15, 2005, inter alia, to dismiss so much of the appeal from the order dated June 20, 2005 (Appellate Division Docket No. 2005-06004), as raises issues pertaining to "Rocky" the dog on the ground that those issues have been rendered academic, to dismiss the appeal from the order dated July 15, 2005, on the ground that the order is not appealable as of right and leave to appeal has not been granted, to impose costs and sanctions against the appellant and her counsel, 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 to dismiss so much of the appeal from the order dated June 20, 2005, as raises issues pertaining to "Rocky" the dog is granted, and so much of the appeal from the order dated June 20, 2005, as raises issues pertaining to "Rocky" the dog is dismissed, without costs or disbursements, and those portions of the appellant's brief which raise issues pertaining to "Rocky" the dog are deemed stricken; 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 respondent's time to serve and file a brief is enlarged until June 13, 2006; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court