Appellate Division: Second Judicial Department

M67387

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the Sheriff, Marshall, and the respondent "from any ... enforcement efforts" pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered August 25, 2006. Separate motion by the appellant to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent to dismiss the appeal on the ground that the appendix is inadequate and pursuant to 22 NYCRR 130-1.1-a(a) for an award of costs.

Upon the papers filed in support of the motions and the cross motion, the papers filed in opposition to the appellant's motion, and no papers having been filed in opposition or relation to the cross motion, it is

ORDERED that the appellant's motion for a stay is denied; and it is further,

ORDERED that the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted on condition that on or before May 14, 2008, the appellant obtain and settle the full trial transcript in accordance with CPLR 5525 and cause the full trial transcript to be filed in the office of the Clerk of the court; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the appendix is inadequate is denied on condition that the appellant obtain and settle the full trial transcript, and cause it to be filed with this court on or before May 14, 2008, as set forth above; and it is further,

ORDERED that the branch of the cross motion which is pursuant to 22 NYCRR 130-1.1-a(a) for an award of costs is denied.

PRUDENTI, P.J., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court