LaFemina v LaFemina
Motion No: 2007-05497
Slip Opinion No: 2008 NYSlipOp 65458(U)
Decided on March 5, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67069

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-05497, 2007-09486, 2007-11553

John LaFemina, respondent,

v Maria LaFemina, appellant.

(Index No. 12566-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from three orders of the Supreme Court, Suffolk County, dated May 23, 2007, September 10, 2007, and November 30, 2007, respectively, to restrain the respondent from transferring, dissipating, or wasting the marital residence pending hearing and determination of the appeals and for leave to prosecute the appeals on the original record.

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

ORDERED that the branch of the motion which is to restrain the respondent from transferring, dissipating, or wasting the marital residence pending hearing and determination of the appeals is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original record is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeals from the orders dated May 23, 2007, and September 10, 2007 (Appellate Division Docket Nos. 2007-05497, 2007-09486), by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeals is enlarged until May 2, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court