Appellate Division: Second Judicial Department

M52128

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ANITA R. FLORIO, JJ.

2006-04640 Lawrence Biggio, respondent, v Jacqueline Biggio, appellant. (Index No. 203547/03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, on an appeal from an order of the Supreme Court, Nassau County, dated April 13, 2006, to direct the appellant to serve and file a supplemental record containing a certain reply affirmation of Robert Ross dated February 15, 2006, 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 direct the appellant to serve and file a supplemental record containing the reply affirmation of Robert Ross dated February 15, 2006, is granted, and on or before March 30, 2007, the appellant shall serve and file a supplemental record containing the reply affirmation of Robert Ross dated February 15, 2006; 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's time to serve and file a brief is enlarged until April 30, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., MASTRO, RIVERA and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court