Matter of Siskind v Schael
Motion No: 2008-01274
Slip Opinion No: 2008 NYSlipOp 73862(U)
Decided on June 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71449

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-01274, 2008-01884

In the Matter of Neil M. Siskind, petitioner,

v Courtney A. Schael, appellant; Roberta

Nancy Kaufman, nonparty-respondent.

(Appeal No. 1)

In the Matter of Neil M. Siskind, petitioner-

appellant, v Courtney A. Schael, respondent-appellant;

Roberta Nancy Kaufman, nonparty-respondent.

(Appeal No. 2)

(Docket No. V-7484/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent to dismiss appeals from two orders of the Family Court, Nassau County, dated December 31, 2007, and February 14, 2008, respectively, on the ground that the appellant has not obtained certain transcripts or to direct Courtney A. Schael to obtain those transcripts, and for an award of costs. Separate motion by Neil M. Siskind to dismiss the appeal from the order dated December 31, 2007, on the same ground, and for an award of costs. Application by Neil M. Siskind to enlarge the time to serve and file a brief containing his points of argument on the appeal from the order dated February 14, 2008.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motions are denied as the transcripts at issue are not part of the record on the appeals from the orders dated December 31, 2007, and February 14, 2008; and it is further,

ORDERED that the application is granted and the time of Neil M. Siskind to serve and file a brief containing his points of argument on the appeal from the order dated February 14, 2008, is enlarged until July 7, 2008, and the brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the nonparty-respondent's time to serve and file a brief is enlarged until August 6, 2008, and the brief must be served and filed on or before that date.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court