Appellate Division: Second Judicial Department

M85904

M/cb

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-05674 In the Matter of Alex G. Hirsch, appellant, v Katiusa Hirsch, respondent. (Docket No. O-4651-07)

DECISION & ORDER ON MOTION

Appeal by Alex G. Hirsch from an order of the Family Court, Nassau County, dated May 13, 2008. By order to show cause dated March 16, 2009, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding. Application by the appellant to "vacate or reverse" the order on the ground that certain transcripts, that are not part of the record on the appeal, are unavailable.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 12, 2009; and it is further

ORDERED that the application is denied, and the appellant may move to enlarge the record to include the subject transcripts if he be so advised.

RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court