Appellate Division: Second Judicial Department

M99586

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-11812 In the Matter of Steven Heisler, petitioner, v Thomas Scappaticci, etc., et al., respondents. (Index No. 09-2196)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, dated August 11, 2009, to strike the petitioner's appendix and to enlarge the time to serve and file a brief. Application by the respondents 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 the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to strike the petitioner's appendix is denied with leave to renew on or before March 29, 2010, upon papers specifying the portions of the transcript, exhibits, or other documents that the respondents intend to rely upon; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application for the same relief are granted, the respondents' time to serve and file a brief is enlarged until April 29, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court