Appellate Division: Second Judicial Department

M107544

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-10422, 2009-10451 Kristene Reichard, respondent, v Kevin M. Reichard, appellant. (Index No. 07-18074)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Westchester County, dated October 14, 2009, and November 5, 2009, respectively, on the ground that the appeals have been rendered academic, for an award of costs and an attorney's fee, to impose a sanction upon the appellant, and 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 dismiss the appeals 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 enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until September 24, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BELEN, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court