Appellate Division: Second Judicial Department

M106369

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2010-01643 William Alderman, respondent, v Donna Alderman, appellant. (Index No. 04-9918)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered January 21, 2010, to strike the respondent's brief on the ground that it refers to matter dehors the record, to direct the respondent to file a replacement brief, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent to dismiss the appeal for failure to prosecute and to vacate a stay granted by a decision and order on motion of this court dated April 23, 2010.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that the branch of the motion which is to strike the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to direct the respondent to file a replacement brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until August 9, 2010, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court