Appellate Division: Second Judicial Department

M109953

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-11499 In the Matter of Marion C. W. (Anonymous). Lisa K. (Anonymous), et al., respondents; Fern Finkel, et al., appellants. (Index No. 100303/07)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated October 26, 2009, to strike a transcript of certain proceedings from the record on appeal, to dismiss the appeal, and for an award of costs. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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 and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied, as that relief was denied without prejudice to the movants' raising the issue in their brief by decision and order on motion dated April 16, 2010; and it is further,

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

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 22, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants' time to serve and file their reply briefs is enlarged until December 7, 2010, and the reply briefs, if any, must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court