Appellate Division: Second Judicial Department

M128151

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2010-10077 Maria Dolores Domino, respondent, v Geronimo Domino, defendant-appellant; Howard Dean, nonparty-appellant. (Index No. 03-4366)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated July 22, 2010, on the ground that the appellants' appendix is inadequate, or to enlarge the time to serve and file a brief.

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 the motion is granted to the extent that on or before December 15, 2011, the appellants shall obtain and settle the transcript of the proceedings which occurred in the above-entitled case on October 17, 2007, file a supplemental appendix containing the settled transcript of those proceedings, and file all trial exhibits in their possession with the Clerk of this Court as part of the original papers or obtain a stipulation limiting the exhibits to be used on appeal, and the respondent's time to serve and file a brief is enlarged until January 17, 2012; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court