Appellate Division: Second Judicial Department

M45884

J/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-03589, 2006-05060 Linda DiBlasi, respondent-appellant, v Thomas DiBlasi, appellant-respondent. (Index No. 17472/97)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on appeals and cross appeals from an order and a judgment of the Supreme Court, Queens County, dated March 14, 2006, and April 19, 2006, respectively, to dismiss the cross appeals on the ground that the respondent-appellant has failed to pay her share of the cost of the joint appendix and the transcript, and cross application by the respondent-appellant, in effect, to waive the requirements of section 670.8(c)(1) of this Court's rules that she pay her share of the cost of the joint appendix and the transcript. Motion by the respondent-appellant for reargument of her prior motion which was, inter alia, in effect, to amend the decision and order on motion of this court dated August 2, 2006, which granted a stay of stated portions of the judgment on condition that, among other things, the appellant-respondent pay the respondent-appellant the sum of $1,500 per week, which was determined by decision and order on motion dated August 23, 2006. Application by the respondent-appellant to enlarge the time to serve and file her answering brief.

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

ORDERED that the appellant-respondent's motion is denied; and it is further,

ORDERED that the respondent-appellant's cross application is granted and the respondent-appellant's compliance with section 670.8(c)(1) of this Court's rules requiring her to share the cost of the joint appendix and the transcript is waived (see 22 NYCRR 670.8[c][1], 670.23); and it is further,

ORDERED that the respondent-appellant's motion for reargument is granted with respect to that branch of the prior motion which was, in effect, to amend the decision and order on motion of this court dated August 2, 2006, and upon reargument, that portion of the decision and order on motion dated August 23, 2006, which denied that branch of the prior motion which was, in effect, to amend the decision and order on motion of this court dated August 2, 2006, is vacated, that branch of the prior motion is granted, and the decision and order on motion of this court dated August 2, 2006, is amended by deleting from the decretal paragraphs therefrom the sum of "$1,500 per week," and substituting therefor the sum of "$1,750 per week," and the motion is otherwise denied; and it is further,

ORDERED that the appellant-respondent shall commence paying the sum of $1,750 per week as of October 22, 2006; and it is further,

ORDERED that the application is granted, the respondent-appellant's time to serve and file her answering brief is enlarged to December 18, 2006, and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before that date.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court