Appellate Division: Second Judicial Department

M142844

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-09034 Irena Pikulinska, respondent, v Waldemar Pikulinski, appellant. (Index No. 27517/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated July 14, 2011, on the grounds that the appellant's appendix is inadequate and that the transcript was not settled, or, in the alternative, 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 branch of the motion which is to dismiss the appeal is denied on condition that on or before October 29, 2012, the appellant settle the transcript, if the transcript has not yet been settled, and serve and file a supplemental appendix containing all of the material excerpts from the transcript in accordance with the rules of this Court (see 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 28, 2012, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court