Matter of S. (Anonymous), Antoine
Motion No: 2009-07981
Slip Opinion No: 2010 NY Slip Op 87844(U)
Decided on November 15, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110885

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-07981

In the Matter of Antoine S. (Anonymous).

Roger S. (Anonymous), appellant-respondent;

Jack S. (Anonymous), respondent-appellant;

Chuck S. (Anonymous), et al., respondents.

(Index No. 10324/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, entered July 22, 2009. Separate motion by the respondent-appellant, inter alia, to deem the joint record on appeal to be an appendix. Application by the appellant-respondent to enlarge the time to serve and file a reply brief and separate application by the non-party respondent to enlarge the time to serve and file a brief.

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

ORDERED that the motion, inter alia, for a stay is denied; and it is further,

ORDERED that the motion, inter alia, to deem the joint record on appeal to be an appendix is granted to the extent that the joint record is deemed to be an appellant-respondent's joint appendix and on or before December 15, 2010, the respondent-appellant shall serve and file an answering brief and respondent-appellant's joint appendix, and the motion is otherwise denied; and it is further,

ORDERED that the applications are granted; and it is further,

ORDERED that the respondents shall serve and file their briefs, if any, on or before January 19, 2011; and it is further,

ORDERED that the appellant-respondent shall serve and file a reply brief, if any, on or before February 3, 2011; and it is further,

ORDERED that the respondent-appellant shall serve and file a reply brief, if any, on or before February 18, 2011.

FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court