Appellate Division: Second Judicial Department

M68289

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-07462, 2007-11056 Carolyn Noach, appellant, v Gideon Noach, respondent. (Index No. 1733/06)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record and appellant's brief on appeals from a decision of the Supreme Court, Putnam County, dated June 25, 2007, and an order of the same court dated September 17, 2007, and to enlarge the time to serve and file a brief. Cross motion by the appellant to deem the notice of appeal from the decision dated June 25, 2007, to be a premature notice of appeal from a money judgment of the same court dated August 8, 2007, and to deem the notice of appeal from the order dated September 17, 2007, to be a premature notice of appeal from a judgment of the same court dated December 13, 2007, and for leave to file a supplemental record containing, inter alia, the money judgment dated August 8, 2007, and the judgment dated December 13, 2007, in the form submitted with the cross motion.

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

ORDERED that the branch of the motion which is to strike the record and the appellant's brief is granted to the extent that on or before April 11, 2008, the appellant shall serve and file a supplemental record containing the money judgment dated August 8, 2007, and that branch of the motion is otherwise denied; 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 12, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to deem the notice of appeal from the decision dated June 25, 2007 (Appellate Division Docket No. 2007-07462), to be a premature notice of appeal from a money judgment of the same court dated August 8, 2007, is granted (see CPRL 5520[c]); and it is further,

ORDERED that the branch of the cross motion which is to deem the notice of appeal from the order dated September 17, 2007 (Appellate Division Docket No. 2007-11056), to be a premature notice of appeal from a judgment of the same court dated December 13, 2007, is denied (see CPLR 5501[a][1]); and it is further,

ORDERED that the branch of the cross motion which is for leave to file a supplemental record in the form submitted with the cross motion is denied and the supplemental record submitted with the cross motion is rejected.

SANTUCCI, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court