Appellate Division: Second Judicial Department

M56284

E/nl

REINALDO E. RIVERA, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-00973 Frances Northrop, respondent, v Eric Ole Thorsen, appellant. (Index No. 04-5684)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue that branch of the appellant's motion which was to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated January 2, 2007, which was determined by decision and order on motion of this court dated May 23, 2007, and to strike the appellant's appendix.

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

ORDERED that the branch of the respondent's motion which was to strike the appellant's appendix is denied on condition that on or before July 6, 2007, the appellant serve and file a supplemental appendix containing the appellant's reply affidavit dated June 27, 2006, including the exhibits annexed thereto; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until August 6, 2007, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court