Appellate Division: Second Judicial Department

M110516

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2010-01618 Charles Quick, appellant, v Edward Quick, Jr., et al., respondents. (Action No. 1) Edward Quick, Jr., et al., respondents, v Charles Quick, appellant, et al., defendants. (Action No. 2) (Index Nos. 07-8693, 08-521)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated November 23, 2009, on the ground that the appellant improperly raises arguments for the first time on appeal and on the ground that the record on appeal is inadequate, and for an award of costs. Application by the respondents 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 application, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant improperly raises arguments for the first time on appeal is denied without prejudice to raising the issue in the brief; and it is further,

ORDERED that the branches of the motion which are to dismiss the appeal on the ground that the record on appeal is inadequate and for an award of costs are denied; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 3, 2010, and the respondents' brief must be served and filed on or before that date.

MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court