Appellate Division: Second Judicial Department

M138932

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2012-02260 Ralph Patete, appellant, v Irma Rodriguez, respondent. (Index No. 9793/06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to amend a decision and order on motion of this Court dated April 11, 2012, which, inter alia, stayed enforcement of certain portions of a judgment of the Supreme Court, Queens County, entered February 23, 2012. Separate motion by the appellant to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent to strike the appellant's appendix as inadequate and dismiss the appeal, and vacate the stay that was granted by decision and order on motion dated April 11, 2012. 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 motions and the cross 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 motion, in effect, to amend the decision and order on motion of this Court dated April 11, 2012, is granted to the extent that the decision and order on motion dated April 11, 2012, is amended by deleting from the first decretal paragraph thereof the words "ninth, eleventh, and fourteenth decretal paragraphs of the judgment" and substituting therefor the words "and ninth decretal paragraphs of the judgment as well as so much of the eleventh decretal paragraph as directed equitable distribution in accordance with the judgment and prior decisions of the Supreme Court, Queens County, other than the so-ordered stipulation dated July 22, 2010", and that motion is otherwise denied; and it is further,

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that on the Court's own motion, on or before June 26, 2012, the appellant shall file the complete trial transcript as part of the original papers with the Clerk of this Court; and it is further,

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until July 27, 2012, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court