Appellate Division: Second Judicial Department

M114669

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-08508, 2010-09385 Putnam County Temple and Jewish Center, Inc., appellant, v Rhinebeck Savings Bank, et al., respondents. (Index No. 98/10)

DECISION & ORDER ON MOTION

Motion by the appellant to sever the respondent Robert Apple on appeals from two orders of the Supreme Court, Putman County, dated August 3, 2010, and August 6, 2010, respectively, and to proceed on the appeals with respect to the remaining respondents. Application by the respondents Levine & Levine, P.C., and Robert S. Levine 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, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, Robert Apple is severed from the appeals, and the appeals shall proceed with respect to the respondents Rhinebeck Savings Bank, Levine & Levine, P.C., and Robert S. Levine; and it is further,

ORDERED that the application is granted, the time of the respondents Levine & Levine, P.C., and Robert S. Levine to serve and file a brief is enlarged until February 23, 2011, and the brief of the respondents Levine & Levine, P.C., and Robert S. Levine must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until March 7, 2011, and the reply brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court