Appellate Division: Second Judicial Department

M47022

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-07251, 2005-03422 Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively, to preclude the appellant from raising the issue of whether the Supreme Court "erred in denying the request of the appellant to order arrears to be paid by the respondent in the form of a lump sum, instead of through a schedule of payments," on the ground that the issue has been rendered academic, and to impose a sanction upon the appellant. Application by the appellant to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to preclude the appellant from raising the above-stated issue is denied, without prejudice to the respondent raising the argument in his brief; and it is further,

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

ORDERED that the application is granted; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until December 19, 2006, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements will be granted.

PRUDENTI, P.J., FLORIO, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court