Appellate Division: Second Judicial Department

M66679

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-06897 In the Matter of Lillian A. (Anonymous). Helen Wells, appellant; Gerard A. Cabrera, et al., respondents. (Index No. 100270/02)

DECISION & ORDER ON MOTION

Motion by the respondent Robert Pincus to strike the appellant's appendix and brief on an appeal from an order of the Supreme Court, Kings County, dated May 18, 2007, on the ground, inter alia, that the appendix is incomplete and the brief does not comply with the rules of this court, and to enlarge the time to serve and file a brief. Application by the respondent Public Administrator of Kings County 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 motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the branch of the motion which is to strike the appellant's appendix and brief is granted to the extent that the appellant's brief is stricken and on or before March 28, 2008, the appellant shall serve and file a replacement brief which complies with the rules of the court (see 22 NYCRR 670.10.3[g][2][iv]) and a supplemental appendix containing the report of the referee dated June 30, 2006, and the objections to the report dated July 26, 2006, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the respondents' time to serve and file their respective briefs is enlarged until April 28, 2008, and the respondents' briefs must be served and filed on or before that date.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court