Appellate Division: Second Judicial Department

M62450

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-07481 Marshawn Dickson, respondent, v Angela Majette, appellant. (Index No. 07-4454)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to vacate a decision and order on motion of this court dated August 29, 2007, which stayed enforcement of an order of the Supreme Court, Westchester County, entered August 8, 2007, pending hearing and determination of an appeal therefrom, on condition that the appeal was perfected on or before October 1, 2007.

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 vacate the decision and order on motion of this court dated August 29, 2007, is denied on condition that on or before December 11, 2007, the appellant serves and files a supplemental record containing the transcripts of the entire proceedings conducted on May 8, 2007, July 2, 2007, and August 2, 2007, in the above-entitled action; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 10, 2008, 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.

MILLER, J.P., SANTUCCI, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court