Appellate Division: Second Judicial Department

M60467

E/nl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2007-04305 Peter Torres, appellant, v Children's Village, Inc., etc., respondent, et al., defendant. (Index No. 03-01440)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered March 7, 2007, for failure to properly settle and file the transcript, or, in effect, to direct the appellant to settle and file the transcript and to enlarge the time to serve and file a brief. Cross motion by the appellant to be relieved of his obligation to obtain the transcript and to file it with the Clerk of the court.

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

ORDERED that the branch of the motion which is to direct the appellant to settle and file the transcript and to enlarge the time to serve and file a brief is granted, and on or before November 26, 2007, the appellant shall obtain the transcript, settle it, and file one copy of the transcript with the Clerk of the court; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 26, 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; and it is further,

ORDERED that the cross motion is denied.

RITTER, J.P., SANTUCCI, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court