Appellate Division: Second Judicial Department

M39437

T/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2005-03893, 2005-06881 Robert Kadanoff, respondent, v Carol Kadanoff, appellant; Bernard G. Post, LLP, nonparty-respondent. (Index No. 01-16909)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a judgment of the Supreme Court, Westchester County, dated March 25, 2005, and an order of the same court dated June 13, 2005, inter alia, to strike the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, and cross motion by the appellant for leave to serve and file a replacement brief. Separate application by the appellant to enlarge her time to serve and file a reply brief.

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

ORDERED that the motion is referred to the bench hearing the appeals for determination upon the argument or submission thereof; and it is further,

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

ORDERED that the application is granted, and the appellant's time to serve and file a reply brief is enlarged until May 19, 2006, and the appellant's reply brief shall be served and filed on or before that date.

ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court