Appellate Division: Second Judicial Department

M46894

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-01357 Norris Fox, respondent, v Nina Fox, appellant. (Index No. 02-19651)

DECISION & ORDER ON MOTION

Motions by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated January 12, 2006, (1) to direct the Law Guardian to provide counsel for the appellant with a copy of the report of the court-appointed forensic examiner, and to direct counsel for the respondent to provide counsel for the appellant with copies of all trial exhibits in his possession, and (2) to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to direct the Law Guardian to provide counsel for the appellant with a copy of the report of the court-appointed forensic examiner is granted to the extent that the counsel for the appellant shall be permitted to review the report at the office of the Law Guardian; and it is further,

ORDERED that the branch of the motion which is to direct counsel for the respondent to provide counsel for the appellant with copies of all trial exhibits in his possession is denied, without prejudice to the counsel for the appellant moving to perfect the appeal without those exhibits or for a reconstruction hearing; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal is granted; the appellant's time to perfect the appeal is enlarged until January 16, 2007; the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court