Appellate Division: Second Judicial Department

M62961

S/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-04360, 2005-06941, 2005-06943 In the Matter of Virginia Lupoli, etc., respondent, v Nicholas Lupoli, etc., appellant. (Index No. 29089/02)

DECISION & ORDER ON APPLICATION

Application by the appellant on appeals from three orders of the Supreme Court, Queens County, dated September 15, 2004, March 30, 2005, and June 30, 2005, respectively, inter alia, to hold the appeals in abeyance. By decision and order on motion dated August 28, 2007, the appeals were held in abeyance until October 26, 2007, and the appellant's prior motion for leave to serve and file a replacement brief or to enlarge the time to serve and file a reply brief was also held in abeyance.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the application is granted to the extent that the appellant's time to serve and file a reply brief is enlarged until January 28, 2008, and the reply brief if any shall be served and filed on or before that date, and the application is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the appellant's prior motion which was for leave to serve and file a replacement brief is denied; and it is further,

ORDERED that the branch of the prior motion which was to enlarge the time to serve and file a reply brief is denied as academic.

RIVERA, J.P., SKELOS, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court