Appellate Division: Second Judicial Department

M67293

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2007-10878 Susan Doscher, respondent, v Jude Drew Doscher, appellant. (Index No. 201489/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered November 8, 2007, to dismiss the appeal on the ground that the record on appeal is inadequate and to vacate so much of a decision and order on motion of this court dated December 12, 2007, as stayed enforcement of the order entered November 8, 2007, or, in the alternative, to direct the appellant to file a supplemental record or for leave to file a supplemental record at the appellant's expense and to enlarge the time to serve and file a brief.

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 for leave to file a supplemental record is granted to the extent that on or before April 7, 2008, the respondent, if she be so advised, may file a supplemental record, at her own expense, containing the following material:

(1) orders referred to in an order of the Supreme Court, Nassau County, dated October 9, 2007, including the December 2006 certification order;

(2) the respondent's discovery demands;

(3) the note of issue;

(4) the appellant's tax returns for the years 2003 and 2004;

(5) an order of the Supreme Court, Nassau County, dated October 9, 2007, which transferred the action for assignment;

(6) legal invoices of the attorney for the respondent;

(7) a report of a forensic evaluator dated September 25, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 7, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court