Appellate Division: Second Judicial Department

M52500

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2006-02376 Donald Faello, respondent, v Rosetta Faello, appellant. (Index No. 203632/04)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to enlarge the record on an appeal from a judgment of the Supreme Court, Nassau County, dated February 1, 2006, to include an order of the same court dated November 15, 2006, and the papers submitted in connection with the motion that resulted in that order, (2) for leave to file a supplemental brief raising issues related to the enlarged record, (3) to enlarge the time to serve and file a reply brief, (4) in effect, to deem the order dated November 15, 2006, reviewable pursuant to CPLR 5517(b), and (5) to stay the sale of the parties' Florida property pending hearing and determination of 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 record to include the order dated November 15, 2006, and the papers submitted in connection with the motion that resulted in that order is granted, and on or before April 16, 2007, the appellant shall serve and file a supplemental record containing the order dated November 15, 2006, and the papers submitted in connection with the motion that resulted in that order; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief raising issues related to the enlarged record is granted, and on or before April 16, 2007, the appellant shall serve and file the supplemental brief; and it is further,

ORDERED that on the court's own motion, the respondent shall serve and file a brief in response to the appellant's supplemental brief, if he be so advised, on or before April 26, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, and the reply brief, which shall reply to the respondent's brief and respond to the supplemental brief, must be served and filed on or before May 7, 2007; and it is further,

ORDERED that the branches of the motion which are, in effect, to deem the order dated November 15, 2006, reviewable pursuant to CPLR 5517(b), and to stay the sale of the parties' Florida property pending hearing and determination of the appeal are denied.

PRUDENTI, P.J., FISHER, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court