Appellate Division: Second Judicial Department

M46500

Y/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10863 Janet T. Callaghan, respondent, v Gerard A. Callaghan, defendant; Curtis & Associates, P.C., nonparty-appellant. (Index No. 01-3094)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Westchester County, dated November 3, 2005, inter alia, to take judicial notice of the original transcripts and exhibits of the quantum meruit hearing, and to enlarge the time to comply with the decision and order on motion dated September 15, 2006, which directed the appellant to serve and file a proper appendix and brief.

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

ORDERED that the branch of the motion which is to enlarge the time to comply with the decision and order on motion dated September 15, 2006 is granted, and the decision and order on motion of this court dated September 15, 2006, is amended by deleting from the first decretal paragraph thereof the date "November 2, 2006," and substituting therefor the date "December 4, 2006,"; and it is further,

ORDERED that no further extensions of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court