Matter of Sblendorio v D'Agostino
Motion No: 2007-11459
Slip Opinion No: 2008 NYSlipOp 89234(U)
Decided on November 17, 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

M78561

S/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

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 19, 2008, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 and C 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 branch of the motion which is to enlarge the record to include the document annexed to the appellant's motion papers as Exhibit D is granted to the extent that that Exhibit shall be filed with the Clerk of this court under seal for this court's in camera review and that branch of the motion is otherwise denied; 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