Appellate Division: Second Judicial Department

M69351

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-07816 Aisha Ahmed, respondent, v Khurshid Ahmed, appellant. (Index No. 03-19733)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Westchester County, dated July 31, 2007. The appeal was perfected on the appendix method on November 15, 2007. The respondent filed a brief on February 19, 2008. By order to show cause dated March 27, 2008, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appendix was inadequate as it does not contain relevant portions of the hearing transcripts (see CPLR 5528[a]; 5529[b], [c]; 22 NYCRR 670.10[c]; Cross Westchester Dev. Corp. v Sleepy Hollow Motor Ct., 222 AD2d 644).

Upon the order to show cause and the papers filed in response thereto,

ORDERED that the motion is granted to the extent that on or before May 22, 2008, the appellant shall serve and file a supplemental appendix containing relevant portions of the hearing transcripts (see 22 NYCRR 670.10.2[c][1][v]) and the motion is otherwise denied.

FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court