Appellate Division: Second Judicial Department

M39760

Y/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-08899, 2005-08907 Veda L. Brevilus, appellant, v Jean M. Brevilus, respondent. (Index No. 204430/01)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Nassau County, dated August 1, 2005, and August 3, 2005, respectively, on the grounds that the appendix is inadequate and contains material dehors the record and the appellant's brief refers to material dehors the record and raises issues not properly before this court, to vacate a stay which was granted by decision and order on motion of this court dated January 24, 2006, as amended March 10, 2006, 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 on the court's own motion, the appellant's appendix and brief are stricken; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before June 13, 2006, the appellant serves and files (1) a replacement appendix containing documents submitted to the Supreme Court, Nassau County, in connection with the underlying motions which were decided by the orders dated August 1, 2005, and August 3, 2005, respectively, and which does not contain material dehors the record, and (2) a replacement brief which does not refer to material dehors the record and only raises issues that are properly before this court; and it is further,

ORDERED that on the court's own motion, the decision and order on motion of this court dated January 24, 2006, as amended March 10, 2006, is amended by deleting from the decretal paragraphs thereof the date "March 22, 2006," and substituting therefor the date "June 13, 2006,"; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until July 13, 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.

We note that to the extent that the appellant raises issues with regard to a decision of the Supreme Court, Nassau County, dated March 29, 2005, those issues are not properly before this court but may be reviewed on an appeal from a judgment entered in the above-entitled action (see CPLR 5501[a]).

PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court