| Jones-Bertrand v Bertrand |
| Motion No: 2007-01112 |
| Slip Opinion No: 2008 NYSlipOp 69068(U) |
| Decided on April 14, 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. |
Appellate Division: Second Judicial Department
M66255
E/sl
PETER B. SKELOS, J.P.
ROBERT A. LIFSON
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2007-01112 Annetta T. Jones-Bertrand, respondent, v Jean G. Bertrand, appellant. (Index No. 40942/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated December 27, 2006, in effect, to amend a decision and order on motion of this court dated December 14, 2007, as conditioned the granting of the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal upon the appellant's performing certain actions with respect to the trial transcript and record on appeal on or before January 28, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated December 14, 2007, is amended by deleting from the decretal paragraphs thereof the date "January 28, 2008," and substituting therefor the date "May 12, 2008," so that the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that on or before May 12, 2008, the appellant (1)(a) properly settles the trial transcript in accordance with CPLR 5525 and (b) either (i) serves and files a replacement record containing a complete copy of the properly-settled transcript, (ii) serves and files a supplemental record containing a complete copy of the properly settled transcript and removes from the original record those pages containing the unsettled trial transcript, or (iii) serves and files an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript by the respondent, and (2) removes pages 122 through 125 and 134 from the copies of the record on file with the Clerk of the court; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until June 11, 2008, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., LIFSON, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court