Appellate Division: Second Judicial Department

M121008

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-11210 Sylvia Witts Vitale, etc., respondent-appellant, v James A. Witts, appellant-appellant, HSBC Bank USA, N.A., et al., defendants. (Index No. 11926/06)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered September 30, 2010, for poor person relief. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. Separate application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the cross appeal.

Upon the papers filed in support of the motion and the applications, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the applications are granted, the appellant-respondent's time to perfect the appeal is enlarged until July 20, 2011, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file an answering brief, including points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court