Appellate Division: Second Judicial Department

M63766

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-08981 Raymond A. Powers, respondent, v Catherine M. Wilson, appellant. (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated August 15, 2006, (1) in effect, for leave to perfect the appeal on less than the full trial transcript (2) to extend the time to comply with a decision and order on motion of this court dated August 16, 2007, which directed the appellant to obtain and settle the transcripts which resulted in the judgment dated August 15, 2006, in accordance with CPLR 5525, and file a copy of the transcripts with the Clerk of this court on or before October 31, 2007, and (3) for an award of costs and fees incurred in making the motion. Cross motion by the respondent (1) to dismiss the appeal, (2) to enlarge the time to serve and file a brief, and (3) for an award of costs incurred in opposing the motion and in making the cross motion.

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, in effect, for leave to perfect the appeal on less than the full trial transcript is granted, and the appellant shall perfect the appeal with the transcripts of the proceedings which occured on March 28, 2005, March 29, 2005, and March 30, 2005; and it is further,

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this court and August 16, 2007, is granted and the appellant's time to obtain and settle the transcripts of the proceedings on March 28, 2005, March 29, 2005, and March 30, 2005, in the above-entitled action, in accordance with CPLR 5525, and to file a copy of the transcripts with the Clerk of this court is extended until January 31, 2008; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross 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 March 3, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

MILLER, J.P., CRANE, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court