Appellate Division: Second Judicial Department

M82637

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-09041 Robert Capurso, respondent, v Christine Capurso, appellant. (Index No. 18637-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated September 15, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, to strike the respondent's brief, to enlarge her time to serve and file a reply brief, and to enlarge the record.

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 waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted; and it is further,

ORDERED that the branch of the motion which is to strike the respondent's brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until March 2, 2009, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied.

FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court