Appellate Division: Second Judicial Department

M49247

E/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-06049 In the Matter of Derek Tolbert, petitioner, v Tamara Scott, respondent. (Proceeding No. 1) (Docket No. V-20709/03) In the Matter of Sandra Scott, appellant, v Tamara Scott, et al., respondents. (Proceeding No. 2) (Docket No. V-21911/03)

DECISION & ORDER ON MOTION

Motion by the respondent Derek Tolbert to dismiss an appeal from an order of the Family Court, Queens County, dated June 23, 2006, on the ground that the appellant did not settle certain transcripts and to enlarge the time to serve and file a 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 dismiss the appeal is denied on condition that on or before February 8, 2007, the appellant settle the transcript of the proceedings which occurred on March 8, 2005, April 7, 2005, April 27, 2005, July 1, 2005, July 22, 2005, August 5, 2005, August 10, 2005, August 22, 2005, August 23, 2005, August 25, 2005, and November 10, 2005, in accordance with CPLR 5525(c) and file the properly settled transcripts with this court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent Derek Tolbert's time to serve and file a brief is enlarged until March 8, 2007, and the brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court