Appellate Division: Second Judicial Department

M121560

B/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-08202 Jules B. Putterman, respondent, v Ragin Wenk-Wolff, appellant. (Index No. 07-3865)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated July 21, 2010, on the ground that the record on appeal is inadequate or to strike the record on appeal and the appellant's brief, or to dismiss the appeal on the ground that no appeal lies from an order denying reargument, or to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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

ORDERED that the branches of the motion which are to dismiss the appeal on the ground that the record on appeal is inadequate or to strike the record on appeal and the appellant's brief, or to dismiss the appeal on the ground that no appeal lies from an order denying reargument are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the respondent's application are denied as academic as the respondent's brief was timely served and filed on June 3, 2011; and it is further,

ORDERED that the appellant's application is granted and the reply brief shall be served and filed on or before July 5, 2011.

ANGIOLILLO, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court