Appellate Division: Second Judicial Department

M112692

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-05288, 2009-06851, 2010-02521, 2010-05282 Victoria Auriemmo, plaintiff-appellant, v Richard Auriemmo, respondent; Michael Curran, nonparty-appellant. (Index No. 14772/04)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant and nonparty-appellant for leave to file a replacement brief on appeals from two orders of the Supreme Court, Queens County, entered April 20, 2009, and June 2, 2009, respectively, a judgment of the same court entered June 2, 2009, and an order and judgment (one paper) of the same court entered April 28, 2010. Cross motion by the respondent to enlarge the time to serve and file a brief, and to impose a sanction upon the plaintiff-appellant and nonparty-appellant.

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 motion is granted, the appellants' brief is stricken, and the appellants shall serve and file a replacement brief on or before December 22, 2010; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 22, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

PRUDENTI, P.J., SANTUCCI, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court