Appellate Division: Second Judicial Department

M98279

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-03257 Stephanie Le, respondent, v Kevin Le, respondent-appellant; Lynn J. Brustein-Kampel, et al., nonparty- appellants-respondents. (Index No. 07-2369)

DECISION & ORDER ON MOTION

Motion by Kevin Le on an appeal and cross appeal from a judgment of the Supreme Court, IDV Part, Rockland County, entered February 25, 2009, for poor person relief, for leave to perfect the appeal on the original record, to waive the requirement that he settle and file the transcript, or, in the alternative, for free transcripts, and, in effect, to extend his time to comply with a decision and order on motion of this court dated December 15, 2009, which denied a motion by Stephanie Le, inter alia, to dismiss the cross appeal on the ground that Kevin Le failed to settle and file the transcript on condition that he settle and file a copy of the transcript with the Clerk of this court by a date certain.

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

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

ORDERED that on the court's own motion the cross appeal is dismissed, and the points of argument on the cross appeal are deemed stricken from Kevin Le's brief and will not be considered in the determination of the appeal; and it is further,

ORDERED that the Stephanie Le's time to serve and file a brief is enlarged until March 17, 2010, and the Stephanie Le's brief must be served and filed on or before that date.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court