Appellate Division: Second Judicial Department

M121435

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-02446 Kelli J. Nidositko, respondent-appellant, v Nicholas W. Nidositko, appellant-respondent. (Index No. 06-5929)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to hold the respondent-appellant in contempt for failure to comply with a decision and order on motion of this Court dated March 15, 2011, on an appeal and cross appeal from a judgment of the Supreme Court, Orange County, dated January 27, 2010, in effect, to dismiss the cross appeal for failure to serve and file the answering brief and deem the appeal submitted without opposition, for an award of an attorney's fee and costs, and to impose a sanction upon the respondent-appellant. Separate motion by the respondent-appellant to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and to serve and file a supplemental joint record containing the papers and trial exhibits that are relevant to the cross appeal.

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

ORDERED that the appellant-respondent's motion is denied; and it is further,

ORDERED that the respondent-appellant's motion is granted, and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and supplemental joint record on or before July 5, 2011.

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court