Appellate Division: Second Judicial Department

M111237

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-11618, 2010-07356 Marina Alton, respondent-appellant, v Henry Alton, appellant-respondent. (Index No. 52024/08)

DECISION & ORDER ON MOTION

Motion by Marina Alton on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated October 13, 2009, and an appeal from an order of the same court dated July 12, 2010, inter alia, to dismiss Henry Alton's appeals on the ground, in effect, that the joint appendix is inadequate, to vacate so much of a decision and order on motion of this Court dated August 18, 2010, as enjoined her counsel from disbursing any money paid into the attorney's escrow account pursuant to the order dated July 12, 2010, pending hearing and determination of the appeals and cross appeal, and 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, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, Marina Alton's time to serve and file a brief is enlarged until December 20, 2010, and Marina Alton's answering brief, including points of argument on the cross appeal, shall be served and filed on or before that date (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court