Appellate Division: Second Judicial Department

M67119

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2007-03185, 2007-03585, 2007-07558 2007-09419, 2007-11037, 2008-00053 Dafna Bibas, respondent, v Charles Bibas, appellant. (Appeals No. 1 through 4 and 6) 2007-11037 Dafna Bibas, respondent-appellant, v Charles Bibas, appellant-respondent. (Appeal No. 5) (Index No. 201760/04)

DECISION & ORDER ON MOTION

Motion by Charles Bibas 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, an order of the same court entered September 14, 2007, and an order of the same court dated December 7, 2007, and appeal and cross appeal from an order of the same court entered November 9, 2007, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by Dafna Bibas, inter alia, to dismiss the appeals on the ground that the trial transcript was not properly settled or for leave to file a supplemental record containing her trial exhibits and to enlarge the time to serve and file a brief.

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

ORDERED that on the court's own motion, the record on appeal is deemed to be an appendix (see 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix is granted; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals on the ground that the trial transcript was not properly settled is denied without prejudice to moving to correct the transcript upon papers setting forth any alleged errors in the trial transcript; and it is further,

ORDERED that the branch of the cross motion which is for leave to file a supplemental appendix containing the trial exhibits of Dafna Bibas is granted and on or before April 7, 2008, Dafna Bibas shall serve and file a supplemental appendix containing those trial exhibits; 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, Dafna Bibas's time to serve and file a brief is enlarged until April 7, 2008, and Dafna Bibas's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

RIVERA, J.P., LIFSON, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court