Appellate Division: Second Judicial Department

M74170

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 (1) for leave to reargue her motion 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, which was determined by decision and order on motion dated June 5, 2008, (2) to dismiss the appeal from the order dated February 14, 2008, on the ground that it has been rendered academic by an order of the same court dated July 1, 2008, and (3) to strike stated portions of the brief of Courtney A. Schael on the ground that it refers to matter dehors the record and raises issues not properly before the court. Application by the nonparty-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by Courtney A. Schael pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the applications, it is

ORDERED that the branches of the motion which are to dismiss the appeal from the order dated February 14, 2008, on the ground that it has been rendered academic, and to strike stated portions of the brief of Courtney A. Schael on the ground that it refers to matter dehors the record and raises issues not properly before the court are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application by the nonparty-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief is granted and the nonparty-respondent's time to serve and file a brief is enlarged until September 8, 2008, and the nonparty-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief is granted and the time to serve and file a reply brief is enlarged until October 8, 2008, and the reply 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