Appellate Division: Second Judicial Department

M115814

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-03809 WBP Central Associates, LLC, appellant, v Richard DeCola, et al., respondents. (Index No. 07-4790)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to file a replacement brief on an appeal from a judgment of the Supreme Court, Westchester County, dated April 8, 2010. Separate motion by the respondent Richard DeCola to dismiss the appeal on the ground that the appellant failed to serve him with the appellant's brief and appendix, and on the ground that the appellant's appendix is inadequate, to strike the appellant's appendix and brief, and 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, it is

ORDERED that the appellant's motion for leave to file a replacement brief is granted and on or before March 7, 2011, the appellant shall serve and file a replacement brief in the form annexed to the motion papers; and it is further,

ORDERED that the branches of the motion of the respondent Richard DeCola which are to dismiss the appeal and to strike the appellant's appendix and brief are denied without prejudice to filing a respondent's appendix (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion of the respondent Richard DeCola which is to enlarge the time to serve and file his brief is denied as unnecessary.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court