Appellate Division: Second Judicial Department

M108842

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-01817 In the Matter of Regina Moraitis, respondent- appellant, v Board of Education Deer Park Union Free School District, appellant- respondent. (Index No. 6334-09)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered February 5, 2010, inter alia, to strike the joint record on the ground that it is inadequate, and to enlarge the time to serve and file an answering brief. Cross motion by the appellant-respondent to dismiss the cross appeal or direct the respondent-appellant to pay one-half the cost of the joint record.

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 motion which is to strike the joint record is denied on condition that on or before October 12, 2010, the appellant-respondent serve and file a supplemental joint record containing the notice of proposed counter judgment dated October 5, 2009, with annexed exhibits; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted, and the respondent-appellant shall serve and file her answering brief, including points of argument on the cross appeal, on or before November 12, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted to the extent that at the time of filing of her answering brief, the respondent-appellant shall file proof of payment of one-half the cost of the joint record and the supplemental joint record, and the cross motion is otherwise denied.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court