Appellate Division: Second Judicial Department

M58647

J/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-08981 Raymond A. Powers, respondent, v Catherine M. Wilson, appellant. (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 15, 2006, on the ground that the appellant failed to obtain and settle the transcripts which resulted in the judgment dated August 15, 2006, in accordance with the decision and order on motion of this court dated March 26, 2007, or in the alternative, to enlarge the time to serve and file a brief. Separate motion by the appellant for a free transcript.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied on condition that on or before October 31, 2007, the appellant shall obtain and settle the transcripts which resulted in the judgment dated August 15, 2006, in accordance with CPLR 5525, and file a copy of the transcripts with the clerk of this court; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, and the respondent's brief must be served and filed on or before November 30, 2007; and it is further,

ORDERED that the appellant's motion is denied.

MILLER, J.P., CRANE, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court