Appellate Division: Second Judicial Department

M60158

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-04902 June McSorley, appellant, v Douglas McSorley, respondent. (Index No. 1146/92)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 22, 2006, on the ground that the appellant failed to provide all the transcripts, 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 denied on condition that, on or before November 20, 2007, the appellant obtains and settles the missing transcripts, and orders the transcripts of the in camera proceedings; and it is further,

ORDERED that the transcripts of the in camera proceedings shall be filed with the clerk of the Supreme Court, under seal, and the clerk of the Supreme Court shall forward those transcripts to the Clerk of this court, under seal; 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 December 20, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court