Appellate Division: Second Judicial Department

M57509

E/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-09885, 2007-06665 Theodore Fackelman, respondent, v Lisa Fackelman, appellant. (Index No. 202302/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 18, 2006, on the ground that the order was superseded by a judgment of the same court entered March 12, 2006, or, in the alternative, to enlarge the time to serve and file a brief.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 on the court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that on or before September 24, 2007, the appellant shall serve and file a supplemental record containing the judgment; 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, respondent's time to serve and file a brief is enlarged until October 24, 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.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court