Appellate Division: Second Judicial Department

M51890

J/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-06028 Robert D. Grasso, appellant, v Donna Grasso, respondent. (Index No. 200245/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, entered May 11, 2005, inter alia, for leave to serve and file a supplemental appendix containing certain documents and to enlarge the time to serve and file his reply brief. Motion by the respondent to waive the requirements of 22 NYCRR 670.10(f) regarding certification of the respondent's appendix. Motion by the appellant to unseal the record on an appeal entitled Mazzone v Mazzone, Appellate Division Docket No. 2000-10246, which was determined by this court in a decision and order dated January 22, 2002.

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

ORDERED that the branch of appellant's first motion which is for leave to serve and file a supplemental appendix is denied as unnecessary, as the papers sought to be included in the supplemental appendix are in the original papers which have been filed with this court; and it is further,

ORDERED that the branch of the appellant's first motion which is to enlarge the time to serve and file a reply brief is granted, and the appellant's reply brief shall be served and filed on or before March 26, 2007; and it is further,

ORDERED that the appellant's first motion is otherwise denied; and it is further,

ORDERED that the respondent's motion to waive certification of the respondent's appendix is granted; and it is further,

ORDERED that the appellant's motion to unseal the record on the appeal in Mazzone v Mazzone is denied.

MILLER, J.P., SCHMIDT, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court