Appellate Division: Second Judicial Department

M38904

E/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2006-01811 Comerica Bank, N.A., etc., et al., respondents- appellants, v Elena Duke Benedict, appellant- respondent, et al., defendants. (Index No. 7808/01)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered January 20, 2006, to strike stated portions of the joint appendix and the appellant-respondent's brief on the ground that they contain or refer to matter dehors the record and to enlarge the time to serve and file an answering brief. Cross motion by the appellant-respondent, inter alia, to stay enforcement of any judgment of foreclosure entered by the court in the above-entitled action pending hearing and determination of the appeal and cross appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the joint appendix and the appellant-respondent's brief is held in abeyance and is referred to the Justices hearing the appeal and cross appeal for determination upon the argument or submission of the appeal and cross appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 620.8[c][3]), is granted, the respondents-appellants' time to serve and file an answering brief is enlarged until May 26, 2006, and the answering brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

PRUDENTI, P.J., FLORIO, KRAUSMAN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court