Appellate Division: Second Judicial Department

M42106

O/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-04724 Julie Levine, appellant, v Robert Levine, respondent. (Index No. 99-9938)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an amended judgment of the Supreme Court, Westchester County, dated April 25, 2005, inter alia, to dismiss the appeal on the ground that the appendix contains matter dehors the record, or, in the alternative, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, 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 branches of the motion which are to dismiss the appeal, or, in the alternative, to strike stated portions of the appellant's brief are held in abeyance, and are referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; 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; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until August 17, 2006, and the respondent'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; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court