Appellate Division: Second Judicial Department

M53468

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-07138 Kathleen Pascazi, respondent, v Michael Pascazi, appellant. (Index No. 1235/06)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Dutchess County, dated June 28, 2006, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to stay enforcement of the order pending hearing and determination of the appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted to the extent that on or before May 21, 2007, the respondent shall serve and file a supplemental record containing (1) transcripts of proceedings which occurred on March 24, 2006, and May 9, 2006, and (2) letters dated May 18, 2006, and June 9, 2006, from Heather L. Kitchen, Esq., to Honorable James V. Brand, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the respondent's time to serve and file a brief is enlarged until May 21, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court