Appellate Division: Second Judicial Department

M46787

A/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-03448, 2005-05389 Margarita T. Walter, appellant, v John Walter, respondent. (Index No. 01-17328)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Westchester County, dated February 25, 2005, and a judgment of the same court dated May 3, 2005, inter alia, in effect, for summary reversal, or, in the alternative, for leave to file certain exhibits and addenda to her reply brief, and to enlarge the time to serve and file her reply brief, and cross motion by the respondent, among other things, to strike the exhibits to the reply brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; and it is further,

ORDERED that the appellant's time to serve and file a reply brief, which does not contain any exhibits or addenda, is enlarged until November 29, 2006, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied as academic in light of the determination of the appellant's motion.

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

ENTER:

James Edward Pelzer

Clerk of the Court