Appellate Division: Second Judicial Department

M98690

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2009-04801 Joanne Cornell May, respondent, v Craig May, appellant. (Index No. 30867-07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2009, and dismiss the appeal on the ground that the record is inadequate, or to enlarge the time to serve and file a brief.

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 strike the record and dismiss the appeal is granted to the extent that on or before March 11, 2010, and the appellant shall serve and file a supplemental record containing the following documents, and that branch of the motion is otherwise denied:

(1) affidavit of Dennis J. Ryan, dated January 19, 2009;

(2) reply affirmation of Gary S. Josephs, dated February 19, 2009, and annexed exhibit;

(3) reply affidavit of Joanne Cornell May, dated February 18, 2009;

(4) affidavit of Eileen Petsco, dated January 16, 2009; and

(5) reply affidavit of Joanne Cornell May, dated September 23, 2008;

and it is further,

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 April 12, 2010, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court