Appellate Division: Second Judicial Department

M63352

E/sl

FRED T. SANTUCCI, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-01112 Annetta T. Jones-Bertrand, respondent, v Jean G. Bertrand, appellant. (Index No. 40942/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, dated December 27, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the motion is granted on condition that on or before January 28, 2008, the appellant (1)(a) properly settles the trial transcript in accordance with CPLR 5525 and (b) either (i) serves and files a replacement record containing a complete copy of the properly-settled transcript, (ii) serves and files a supplemental record containing a complete copy of the properly settled transcript and removes from the original record those pages containing the unsettled trial transcript, or (iii) serves and files an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript by the respondent, and (2) removes pages 122 through 125 and 134 from the copies of the record on file with the Clerk of the court; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 27, 2008, and the respondent's brief must be served and filed on or before that date.

SANTUCCI, J.P., SKELOS, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court