| Bjornson v Bjornson |
| Motion No: 2006-01245 |
| Slip Opinion No: 2006 NYSlipOp 73987(U) |
| Decided on August 17, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M43484
S/sl
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 appellant, in effect, to clarify a decision and order on motion of this court dated July 21, 2006, and to enlarge her time to comply with the decision and order on motion which directed her to properly settle the trial transcript in accordance with CPLR 5525, and either (1) serve and file a replacement appendix containing the relevant portions of the properly-settled transcript, (2) serve and file a supplemental appendix containing the relevant portions of the properly-settled transcript and remove from the original appendix those pages containing portions of the unsettled trial transcript, or (3) serve and file 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.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before September 5, 2006, the respondent shall serve the appellant with any corrections, if any, to the trial transcript previously served on the respondent; and it is further,
ORDERED that the appellant's time to comply with the decision and order on motion of this court dated July 21, 2006, is enlarged until September 26, 2006, and on or before that date the appellant shall either (1) serve and file a replacement appendix containing the relevant portions of the properly-settled transcript, (2) serve and file a supplemental appendix containing the relevant portions of the properly-settled transcript and remove from the original appendix those pages containing portions of the unsettled trial transcript, or (3) serve and file 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 respondent shall serve and file his brief on or before October 26, 2006.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court