Appellate Division: Second Judicial Department

M64743

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-06884 Jasmine Dominguez, etc., respondent-appellant, v New York City Transit Authority, appellant- respondent. (Index No. 10274/94)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Queens County, entered June 25, 2007, to dismiss the appeal for failure to timely perfect. Cross motion by the appellant-respondent to enlarge time to perfect the appeal.

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

ORDERED that the cross motion is granted, the time to perfect the appeal is enlarged until February 25, 2008, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the respondent-appellant shall serve and file an answering brief, including her points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion by the respondent-appellant to dismiss the appeal is denied.

RIVERA, J.P., SANTUCCI, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court