Appellate Division: Second Judicial Department

M90432

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2008-09995 Henriette Louzoun, etc., appellant, v Joseph Montalto, respondent. (Index No. 203149/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered September 11, 2008, on the grounds that the appellant failed to properly settle the transcript and that the appellant's appendix is inadequate, or to enlarge the time to serve and file a brief.

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 dismiss the appeal on the ground that the appellant failed to properly settle the transcript is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate is denied without prejudice to the respondent filing an appendix; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until September 4, 2009, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court