Appellate Division: Second Judicial Department

M57525

E/cb

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2006-06875 Myra Warman, respondent, v Haim Shimon Warman, appellant. (Index No. 26136/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated May 15, 2006, inter alia, on the ground that the appendix is inadequate, 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 the branch of the motion which is to dismiss the appeal is granted to the extent that on or before August 7, 2007, the appellant is directed to correct page A76 of the copies of the appendix on file with the Clerk of the court, and 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 is granted, the respondent's time to serve and file a brief is enlarged until September 6, 2007, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., SANTUCCI, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court