Appellate Division: Second Judicial Department

M97319

E/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-00628 In the Matter of Mavis Keepin, appellant, v Charles Worman, respondent. (Index No. 04-5075)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered December 19, 2008, inter alia, to strike the appellant's appendix and brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant to enlarge the record to include certain material or to take judicial notice of that material.

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 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 February 16, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is denied.

COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court