Appellate Division: Second Judicial Department

M51470

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-07680 Yevgenia Shockome, appellant, v Timothy Shockome, respondent. (Index No. 3856/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an amended judgment of the Supreme Court, Dutchess County, dated June 29, 2006, to recall and vacate so much of a decision and order on motion of this court dated November 21, 2006, as dismissed that portion of the appeal which was from so much of the amended judgment as incorporated the terms of an amended order of the Family Court, Dutchess County, dated November 10, 2005, in a proceeding entitled Matter of Shockome v Schockome and to reinstate that portion of the appeal. Separate motion by the appellant to enlarge the record on appeal to include the material annexed to her brief on the appeal and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion to recall and vacate so much of the decision and order on motion of this court dated November 21, 2006, as dismissed that portion of the appeal which was from so much of the amended judgment as incorporated the terms of an amended order of the Family Court, Dutchess County, dated November 10, 2005, in a proceeding entitled Matter of Shockome v Schockome and to reinstate that portion of the appeal is granted, that portion of the decision and order on motion of this court is vacated, and that portion of the appeal is reinstated; and it is further,

ORDERED that the branch of the separate motion which is to enlarge the record on the appeal to include the material annexed to the appellant's brief on the appeal is granted on condition that on or before March 30, 2007, the appellant serve and file a supplemental appendix containing copies of the complete transcripts of the proceedings held in a matter entitled Matter of Yevgenia Shockome, pending in the United States Bankruptcy Court for the Southern District of New York, under Case No. 05-38083, on January 31, 2006, February 14 , 2006, and March 9, 2006, as well as copies of all orders issued by the Bankruptcy Court in that matter on or before June 29, 2006; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.

SCHMIDT, J.P., GOLDSTEIN, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court