Appellate Division: Second Judicial Department

M107957

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-04117 Deutsche Bank National Trust Company, etc., respondent, v Thomas Delillo, appellant, et al., defendants. (Index No. 08-7113)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated March 31, 2009, in effect, to enlarge his time to serve and file a replacement brief in accordance with a decision and order on motion of this court dated June 1, 2010, and to allow the appeal to be submitted without oral argument.

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

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a replacement brief in accordance with the decision and order on motion dated June 1, 2010, is granted, and the appellant's time to serve and file the replacement brief is enlarged until October 1, 2010, and the replacement brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to allow the appeal to be submitted without oral argument is denied without prejudice to making a notation on the replacement brief indicating that no oral argument is requested (see 22 NYCRR 670.10.3[g][1], 670.20[f]).

ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court