Appellate Division: Second Judicial Department

M122287

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-07991 In the Matter of County of Orange, appellant- respondent, v Monroe Bakertown Road Realty, Inc., respondent, Village of Kiryas Joel, respondent-appellant. (Index No. 05-8785)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated July 1, 2010, inter alia, to dismiss the cross appeal and strike the respondent-appellant's brief on the ground that the arguments raised by the respondent-appellant in its brief are inconsistent with its position in a related action pending in the Supreme Court, Orange County, under index number 2010-09372, entitled Village of Kiryas Joel v County of Orange, and to enlarge the time to serve and file a respondent's brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief in response to the respondent-appellant's brief is granted, the respondent's time to serve and file a brief in response to the respondent-appellant's brief is enlarged until August 1, 2011, and the respondent's brief in response to the respondent-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court