| Brevilus v Brevilus |
| Motion No: 2005-08899 +1 |
| Slip Opinion No: 2006 NYSlipOp 74506(U) |
| Decided on August 28, 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
M43766
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-08899, 2005-08907 Veda L. Brevilus, appellant, v Jean M. Brevilus, respondent. (Index No. 204430/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated August 1, 2005, and August 3, 2005, respectively, inter alia, to dismiss the appeals on the ground that the appendix is inadequate, or, alternatively, 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 on the court's own motion, the appeal from the order dated August 1, 2005 (Appellate Division Docket No. 2005-08899), is dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party (see TPZ Corp. v Tsoukas, 264 AD2d 837); and it is further,
ORDERED that on the court's own motion, pages A130 through A131 of the appendix and (1) Argument VI on page ii, (2) Questions Presented No. 6 on page v, and (3) pages 15 through 16 of the appellant's brief are stricken and on or before September 8, 2006, the appellant shall delete or remove that material from the copies of the appendix and brief on file with the Clerk of this court; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated August 3, 2005, is denied on condition that on or before September 8, 2006, the appellant serves and files a supplemental appendix containing the affirmation in opposition and reply affirmation and any exhibits annexed thereto submitted in connection with the motion that resulted in the order dated August 3, 2005 (Appellate Division Docket No. 2005-08907); 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, the respondent's time to serve and file a brief is enlarged until October 10, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court