Appellate Division: Second Judicial Department

M45665

C/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-04360, 2005-06941, 2005-06943 In the Matter of Virginia Lupoli, etc., respondent, v Nicholas Lupoli, etc., appellant. (Index No. 29089/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Queens County, dated September 15, 2004, March 30, 2005, and June 30, 2005, respectively, for leave to serve and file a replacement brief or to enlarge the time to serve and file a reply brief. Cross motion by the respondent to hold the appeals in abeyance based on a stipulation of settlement signed by the parties and awaiting approval of the Supreme Court, Queens County.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the cross motion is granted to the extent that the appeals are held in abeyance until December 14, 2006, and the parties shall advise this court if the stipulation of settlement is approved by the Supreme Court, Queens County, and the cross motion is otherwise denied; and it is further,

ORDERED that on the court's own motion the motion is held in abeyance until December 14, 2006, pending communications from the parties regarding the status of the stipulation of settlement.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court