Appellate Division: Second Judicial Department

M107239

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-03692, 2009-09965 Gennady Gorelik, appellant-respondent, v Elena Gorelik, respondent-appellant. (Index No. 42856/92)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from two orders of the Supreme Court, Kings County, dated March 5, 2009, and September 14, 2009, respectively, to dismiss the cross appeal pursuant to CPLR 5511 and 5515(1), and to enlarge the time to serve and file a reply brief. Separate motion by the appellant-respondent to strike stated portions of the respondent-appellant's answering brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a reply brief. Application by the respondent-appellant to adjourn the return date of the motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the branches of the motions which are to dismiss the cross appeal and to strike stated portions of the respondent-appellant's answering brief are denied without prejudice to raising the issues in the reply brief; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file a reply brief are granted, the appellant-respondent's time to serve and file a reply brief is enlarged until September 22, 2010, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the application is denied.

SKELOS, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court