Appellate Division: Second Judicial Department

M100300

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-07421 In the Matter of Nkechi Obiora, appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 29373/08)

DECISION & ORDER ON MOTION

Motion by the respondents Clara Waloff and Diane Haines on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 30, 2009, to dismiss the appeal on the ground that the appellant's appendix is inadequate and the brief does not contain citations to the appendix, to enlarge their time to serve and file a brief, and for an award of an attorney's fee, costs, and disbursements. Application by the respondents Clara Waloff and Diane Haines pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the applications, it is

ORDERED that the branch of the motion which is to enlarge the time of the respondents Clara Waloff and Diane Haines to serve and file a brief and the application for the same relief are granted, the time of the respondents Clara Waloff and Diane Haines to serve and file a brief is enlarged until April 23, 2010, and the brief of the respondents Clara Waloff and Diane Haines 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 application by the appellant is granted and the reply brief shall be served and filed on or before May 18, 2010.

MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court