Appellate Division: Second Judicial Department

M128461

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2010-10844, 2010-10846 Ronald Suissa, respondent, v Marcy R. Baron, appellant. (Index No. 35301-09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated November 1, 2010, for failure to settle the transcripts contained in the record on appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief

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

ORDERED that the branch of the motion which is to dismiss the appeals for failure to settle the transcripts contained in the record on appeal is denied on condition that on or before January 3, 2012, the appellant settle the transcripts in accordance with CPLR 5525 and serve and file a supplemental record containing an errata sheet or an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcripts; and it is further,

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 2, 2012, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court