Appellate Division: Second Judicial Department

M42340

C/nl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2005-03448, 2005-05389 Margarita T. Walter, appellant, v John Walter, respondent. (Index No. 17328/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for a preference in the calendaring of appeals from (1) an order of the Supreme Court, Westchester County, dated February 23, 2005, and (2) a judgment of the same court dated May 3, 2006, and for leave to prosecute the appeals as a poor person. Cross motion by the respondent, among other things, to impose costs and sanctions on the appellant on the ground that the motion is frivolous, to dismiss the appeals on the ground, inter alia, that the appellant has failed to comply with, among other things, a decision and order on motion of this court in the above-entitled matter dated May 4, 2006, or, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the cross 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 August 25, 2006; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court