Appellate Division: Second Judicial Department

M125601

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-01334 Carla Nolletti Iarocci, respondent, v Nicholas Iarocci, appellant. (Index No. 07-20741)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated November 10, 2010, and to direct a reconstruction of the trial exhibits, to direct that respondent's counsel as well as his former counsel provide him with copies of the trial exhibits, or to waive the requirement that the trial exhibits be included in the record.

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 enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 14, 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 the motion is otherwise denied as premature as a motion is pending in the Supreme Court, Westchester County, for similar relief.

RIVERA, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court