Appellate Division: Second Judicial Department

M82520

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-02784 Joseph Friedman, respondent, v Wendy Friedman, appellant. (Index No. 05-13818)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered February 14, 2008, on the ground that it has been rendered academic or, in the alternative, to enlarge the time to serve and file a brief and for leave to refer to certain matter dehors the record.

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

ORDERED that the motion is granted to the extent that the record is enlarged to include the two orders of the Supreme Court, Westchester County, entered October 20, 2008, and December 3, 2008, respectively, and the papers submitted in support of and in opposition to the motions that were determined by those orders, and the respondent's time to serve and file a brief is enlarged until March 16, 2009, and the motion is otherwise denied;and it is further,

ORDERED that on or before March 16, 2009, the respondent shall serve and file a supplemental record containing the two orders of the Supreme Court, Westchester County, entered October 20, 2008, and December 3, 2008, respectively, and the papers submitted in support of and in opposition to the motions that were determined by those orders.

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court