Appellate Division: Second Judicial Department

M107687

E/ct

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2010-07182 Evelyn Popalardo, respondent-appellant, v John Marino, etc., appellant-respondent. (Index No. 2933/09)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 18, 2010, to dismiss the appeal on the ground that the appellant-respondent is not aggrieved, or to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and for leave to file a supplemental joint record containing the notice of cross appeal or for leave to add the notice of cross appeal to the joint record. Cross motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal and for an expedited briefing schedule.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is granted to the extent that the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until September 30, 2010, and the answering brief must be served and filed on or before that date and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to for leave to file a supplemental joint record containing the notice of cross appeal or for leave to add the notice of cross appeal to the joint record is granted to the extent that on or before September 30, 2010, the respondent-appellant shall serve and file a supplemental joint record containing her notice of cross appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion and cross motion are otherwise denied.

MASTRO, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court