Appellate Division: Second Judicial Department

M52570

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2006-07261 Linda Saline, appellant, v Richard Saline, respondent. (Index No. 9298/92)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 2, 2006, on the ground that the transcript was not properly settled or to direct the settlement of the transcript, to strike the appendix as inadequate, to enlarge the time to serve and file a brief, and for an award of an attorney's fee.

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 settlement of the transcript is granted, and on or before April 13, 2007, the respondent shall serve proposed transcript changes on the appellant, if any, and on or before May 4, 2007, the appellant shall file a settled copy of the transcript with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is to strike the appendix as inadequate is granted to the extent that pages 273 through 315 of the appendix are stricken and on or before May 4, 2007, the appellant shall (1) delete or remove that material from the copies of the appendix on file with the Clerk of the court and (2) serve and file a supplemental or replacement appendix containing relevant portions of the transcript in accordance with the CPLR and the rules of the court (see CPLR 5528; 22 NYCRR 10.2[c][1][v]); 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 June 4, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court