Appellate Division: Second Judicial Department

M99357

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2009-10168 Maria Dolores Domino, respondent, v Geronimo Domino, defendant; Howard Dean, nonparty-appellant. (Index No. 03-4366)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 31, 2009, on the ground that the nonparty-appellant did not settle the transcript of the minutes of the proceedings which occurred on August 31, 2009, and include that transcript in the record, or to enlarge the time to serve and file a brief. Separate motion by the nonparty-appellant for leave to file a supplemental record containing the transcript of the minutes of the proceedings which occurred on August 31, 2009.

Upon the papers filed in support of the motions, the papers filed in opposition to the respondent's motion, and no papers having been filed in opposition or in relation to the nonparty-appellant's motion, it is

ORDERED that the nonparty-appellant's motion is granted and on or before April 5, 2010, the nonparty-appellant shall settle the transcript of the minutes of the proceedings which occurred on August 31, 2009, and serve and file a supplemental record containing the transcript of the minutes of those proceedings; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 5, 2010, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court