Appellate Division: Second Judicial Department

M119571

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-07115 Josefina Jurado, respondent, v Jean Kalache, etc., appellant, et al., defendant. (Index No. 09-5053)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered June 25, 2010, to strike Point III of the appellant's brief and the reference to Point III in the table of contents of the appellant's brief on the ground that it improperly raises issues for the first time on appeal, to enlarge the time to serve and file a brief, for an award of costs, and to impose a sanction upon the appellant.

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

ORDERED that the branches of the motion which are to strike Point III and the reference to Point III in the table of contents of the appellant's brief, for an award of costs, and to impose a sanction upon the appellant are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the 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 June 6, 2011, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court