Appellate Division: Second Judicial Department

M41255

S/cf

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-04915 John Dellafiora, respondent, v Kathleen Dellafiora, appellant. (Index No. 03/7461)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated March 28, 2005, for leave to omit certain exhibits from the record on appeal on the ground that they cannot be located, for leave to submit black and white photographs of certain exhibits instead of the color photographs submitted at trial, and to permit him to complete his certification pursuant to 22 NYCRR 670.10.2(f) by alleging "that the documents in the record on appeal are true and accurate copies of documents submitted to the lower court upon information and belief,'" because certain documents are not contained in the files of the Supreme Court.

Upon the papers filed in support of the 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 may omit from the record on appeal those exhibits listed in Paragraph 17 of the affirmation of David Brodsky, Esq., submitted in support of the motion; and it is further,

ORDERED that the appellant may submit black and white photographs in lieu of the color photographs submitted to the Supreme Court, and counsel for the appellant is granted leave to complete his certification pursuant to 22 NYCRR 670.10.2(f) by alleging "that the documents in the record on appeal are true and accurate copies of documents submitted to the lower court upon information and belief'"; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 7, 2006, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted..

CRANE, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court