Appellate Division: Second Judicial Department

M67628

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. LIFSON

HOWARD MILLER

JOSEPH COVELLO, JJ.

2006-08981 Raymond A. Powers, respondent, v Catherine M. Wilson, appellant. (Index No. 03-1903)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 15, 2006, for failure to timely perfect the appeal in accordance with prior orders of this court, or, in the alternative, to direct the appellant to settle the transcripts, to enlarge the time to serve and file a brief, and to impose a sanction upon the appellant or for an award of costs.

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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to settle the transcripts is granted and on or before April 7, 2008, the appellant must settle the transcripts in accordance with the amendments proposed by the respondent's letter dated January 4, 2008, with attachments, by either (1) making handwritten changes to the transcript filed with the Clerk of the court, (2) removing and replacing the relevant pages of the transcript filed with the Clerk of the court with pages that reflect the amendments, or (3) serve and file an errata sheet; 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 May 6, 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.

PRUDENTI, P.J., LIFSON, MILLER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court