Appellate Division: Second Judicial Department

M95968

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-02112, 2009-02377 Craig Martin, plaintiff-appellant, v George Burns, respondent; Arthur Morrison, nonparty-appellant. (Index No. 08-16282)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals by the nonparty-appellant from two orders of the Supreme Court, Westchester County, dated January 30, 2009 (Appellate Division Docket No. 2009-02112), and February 17, 2009 (Appellate Division Docket No. 2009-02377), respectively, for failure to comply with a decision and order on motion of this court dated October 23, 2009, or to enlarge the respondent's time to serve and file a brief and for an award of costs and attorney's fees and to impose a sanction upon the nonparty-appellant. Separate motion by the nonparty-appellant to extend his time to comply with the decision and order on motion dated October 23, 2009.

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

ORDERED that the nonparty-appellant's motion is granted, and on or before December 28, 2009, the nonparty-appellant shall serve and file a supplemental record containing an affidavit of Eric H. Holtzman dated December 17, 2008, as well as a copy of the order and judgment dated February 17, 2009; and it is further,

ORDERED that the branch of the respondent's 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 January 27, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court