| Albert v Albert |
| Motion No: 2006-11381 |
| Slip Opinion No: 2008 NYSlipOp 84091(U) |
| Decided on September 26, 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. |
Appellate Division: Second Judicial Department
M76348
E/sl
PETER B. SKELOS, J.P.
HOWARD MILLER
EDWARD D. CARNI
CHERYL E. CHAMBERS, JJ.
|
2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Nassau County, dated August 22, 2006, inter alia, for leave to reargue that branch of his motion which was for leave to file an appendix containing "the court reporter's daily' transcript of the proceedings in the lower court . . . on November 22, 2004," which was determined by decision and order on motion dated August 20, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the respondent's time to serve and file a brief and appendix that does not refer to or contain "the court reporter's daily' transcript of the proceedings in the lower court . . . on November 22, 2004," is enlarged until October 27, 2008, and the respondent's brief and appendix 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