Appellate Division: Second Judicial Department

M191586

E/ct

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-02738 Leslie Miller Fitzpatrick, appellant, v Brian Fitzpatrick, respondent. (Index No. 4060/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 29, 2014, on the ground that the appellant failed to settle the transcripts of certain proceedings in accordance with CPLR 5525, or, in the alternative, 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before June 1, 2015, the appellant settle the transcripts of the proceedings on November 18, 2013, and November 19, 2013, in accordance with CPLR 5525, and file the settled transcripts with the Clerk of this Court; 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 July 1, 2015, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court