Appellate Division: Second Judicial Department

M75681

T/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-06742, 2007-11614 Debra Soehngen, respondent, v Joseph Soehngen, appellant. (Index No. 202687/04)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated August 27, 2008, in the above-entitled appeal is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated June 19, 2007, and December 19, 2007, respectively, to stay enforcement of the order dated June 19, 2007, and to stay a contempt proceeding and inquest in the above-entitled action, pending hearing and determination of the appeals. Motion by the respondent for poor person relief and the assignment of counsel, and to enlarge her time to serve and file a brief.

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

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge her time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until October 20, 2008, and the respondent's brief shall 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 respondent's motion is otherwise denied.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court