Appellate Division: Second Judicial Department

M42140

A/nl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-01245 Erik Bjornson, respondent, v Elisabeth F. Bjornson, appellant. (Index No. 9159/02)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 13, 2006, on the ground that the appellant has failed to properly settle the trial transcript in accordance with the provisions of CPLR 5525, or, in the alternative, 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 or relation thereto; it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that, on or before August 15, 2006, the appellant (1) properly settles the trial transcript in accordance with CPLR 5525, and (2) either (a) serves and files a replacement appendix containing the relevant portions of the properly-settled transcript, (b) serves and files a supplemental appendix containing the relevant portions of the properly-settled transcript and removes from the original appendix those pages containing portions of the unsettled trial transcript, or (c) serves and files an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript by the respondent; 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 and the respondent's brief shall be served and filed on or before September 14, 2006; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court