Appellate Division: Second Judicial Department

M65824

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, 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 MOTION

Motion 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 amend his brief to add a (1) statement pursuant to CPLR 5531, (2) a questions presented section and (3) a preliminary statement, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that on or before February 20, 2008, the appellant shall (1) either (a) amend his main brief by adding a statement pursuant to CPLR 5531, a questions presented section, and a preliminary statement to the copies of the brief on file with the Clerk of the court and mailing two copies of that material to the respondent's attorney or (b) serve and file a replacement brief that contains that material and (2) serve and file a reply brief; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court