Appellate Division: Second Judicial Department

M76018

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2007-11459 In the Matter of Debby Sblendorio, respondent, v Pat D'Agostino, appellant. (Docket No. O-03216-06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Richmond County, dated November 19, 2007, to include certain documents.

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

ORDERED that the branch of the motion which is to enlarge the record to include the documents annexed to the appellant's motion papers as Exhibit Nos. B through D is granted, and on or before October 20, 2008, the appellant shall file those Exhibits with the Clerk of this court as original papers; and it is further,

ORDERED that the appellant's time to serve and file a brief is enlarged until October 20, 2008, and the appellant'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 branch of the motion which is to enlarge the record to include a "Domestic Violence Registry Information Order Recap" form is denied as unnecessary as that document is part of the record on appeal and shall be filed with the Clerk of this court under seal; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court