Appellate Division: Second Judicial Department

M94251

E/sl

WILLIAM F. MASTRO, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-04247 Ross J. Charap, respondent, v Beverly A. Willett, appellant. (Index No. 9654/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, entered March 30, 2009, on the original record, in effect, for leave to pay a reduced fee for the trial transcript, to direct Ross J. Charap to pay one-half the cost of the joint record and the transcripts or withdraw the cross appeal, to enlarge the time to perfect her appeal.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original record is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to pay a reduced fee for the trial transcript is denied; and it is further,

ORDERED that the branch of the motion which is to direct Ross J. Charap to pay one-half the cost of the joint record and the transcripts or withdraw the cross appeal is denied as academic as the cross appeal was withdrawn by order on application dated October 20, 2009; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature.

MASTRO, J.P., BELEN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court