Appellate Division: Second Judicial Department

M43103

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-07041 Seraphima Shagoury, respondent, v Stephen Shagoury, appellant. (Index No. 18409/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered June 10, 2005, to enlarge the record on appeal to include, among other things, his answer to the complaint, and for leave to serve and file a supplemental brief in the event the record is enlarged.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is granted to the extent that on or before September 5, 2006, the appellant shall file with the Clerk of this court, to be included in the original papers, a copy of his verified answer and counterclaim and supplemental affidavit to his answer, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is denied; and it is further,

ORDERED that on the court's own motion, on or before September 5, 2006, the respondent shall file with the Clerk of this court, to be included in the original papers, a copy of her complaint.

ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court