Appellate Division: Second Judicial Department

M65449

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-03185, 2007-03585, 2007-07558 2007-09419, 2007-11037 Dafna Bibas, respondent, v Charles Bibas, appellant. (Index No. 201760/04)

DECISION & ORDER ON MOTION

Motion by Charles Bibas to enlarge the record on appeals from an order of the Supreme Court, Nassau County, dated March 22, 2007, an order of the same court entered April 16, 2007, a judgment of the same court entered July 10, 2007, and an order of the same court entered September 14, 2007, and an appeal and cross appeal from an order of the same court entered November 9, 2007, to include certain documents. Separate motion by Charles Bibas, inter alia, in effect, to dismiss the cross appeal from the order entered November 9, 2007.

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

ORDERED that the motion to enlarge the record is granted and the record is enlarged to include the following documents, which are annexed to the motion papers as Exhibits C through S and were marked for identification at trial:

(1) certain diary excerpts and certified translation;

(2) certain handwritten notes;

(3) letter dated November 7, 2005;

(4) response to a request for documents and certified translation;

(5) letter dated February 2, 2006;

(6) letter dated May 12, 2005;

(7) email dated August 29, 2005;

(9) sales disclosure form;

(10) form, Criminal Complaint Unit, Nassau County Attorney, dated March 1, 2006;

(11) four-page METCO purchase order to Advanced Barcode Technology;

(12) FedEx tracking sheet for delivery on October 24, 2005;

(13) page five of American Express bill, closing date November 4, 2005;

(14) order of the Supreme Court, New York County, dated July 26, 2002;

(15) copy of survey dated December 19, 2001;

(16) four-page METCO purchase order to Advanced Barcode Technology;

(17) two pages of handwritten notes and letter dated May 24, 2005, Dr. Lawrence Lasky;

(18) letter dated August 5, 2006;

(19) email dated January 13, 2006;

(20) letter dated January 16, 2006;

(21) letter dated March 22, 2005;

(22) letter dated March 23, 2005;

(23) letter dated April 2, 2005;

(24) pages 137 through 140 of a deposition transcript; and it is further,

ORDERED that the motion, inter alia, in effect, to dismiss the cross appeal is denied.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court