Appellate Division: Second Judicial Department

M51196

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-08384 Ellen Kaplan, respondent-appellant, v Jerrold Kaplan, appellant-respondent. (Index No. 201358/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to perfect the appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated August 1, 2006, by the appendix method without including copies of the respondent-appellant's trial exhibits, in effect, to dismiss the cross appeal, and to enlarge the time to perfect the appeal.

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 perfect the appeal is granted the appellant-respondent's time to perfect the appeal is enlarged until March 30, 2007, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to perfect the appeal and cross appeal by the appendix method without including copies of the respondent-appellant's trial exhibits is granted to the extent that the appellant-respondent may omit from the appendix those exhibits that are not relevant to the appeal and cross appeal (22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., FLORIO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court