Appellate Division: Second Judicial Department

M40823

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-09179, 2005-08153 Maureen O'Donnell, respondent-appellant, v John H. O'Donnell, Jr., appellant-respondent. (Index No. 13797/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, dated September 21, 2004, and an order of the same court dated July 12, 2005. Cross motion by respondent-appellant to enlarge the joint record.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until July 14, 2006, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

FLORIO, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court