Appellate Division: Second Judicial Department

M45452

J/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 APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Kings County, dated January 13, 2006, to enlarge her time to comply with a decision and order on motion dated August 17, 2006, 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, and for leave to serve and file a supplemental appendix containing an errata sheet in lieu of filing a replacement appendix or supplemental appendix containing the relevant portions of the properly-settled transcript.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the branch of the application which is to enlarge the time to comply with the decision and order on motion of this court dated August 17, 2006, is granted to the extent that the appellant's time to comply with the decision and order dated August 17, 2006, is enlarged until October 25, 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, or (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, and that branch of the application is otherwise denied; and it is further,

ORDERED that the respondent shall serve and file his brief on or before November 24, 2006; and it is further,

ORDERED that the application is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court