Appellate Division: Second Judicial Department

M122193

E/ct

PETER B. SKELOS, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-01332 Muriel McGuire, appellant, v Ruth McGuire, respondent, et al., defendant. (Index No. 17431/04)

DECISION & ORDER ON MOTION

Motion by the appellant to direct the respondent to provide the appellant's counsel with copies of the respondent's trial exhibits on an appeal from an order of the Supreme Court, Westchester County, dated December 15, 2010, and to enlarge the time to perfect the appeal.

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

ORDERED that on the Court's own motion, the notice of appeal from the order dated December 15, 2010, is deemed to be an application for leave to appeal to this Court from the order dated December 15, 2010, and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to direct the respondent to provide the appellant's counsel with copies of the respondent's trial exhibits is granted to the extent that on or before July 13, 2011, the respondent shall provide copies of all trial exhibits in her possession or in the possession of her counsel to the appellant's counsel; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted the appellant's time to perfect the appeal is enlarged until August 15, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court