Appellate Division: Second Judicial Department

M123253

J/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-10844, 2010-10846 Ronald Suissa, respondent, v Marcy R. Baron, appellant. (Index No. 35301-09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, both dated November 1, 2010, to dismiss the appeals on the grounds that the appellant failed to serve the record and brief upon another party to the appeals, and the record and brief are inadequate, or to enlarge the time to serve and file a 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 dismiss the appeals on the ground that the appellant failed to serve the record and brief upon another party to the appeal is dismissed as the respondent does not have standing to seek that relief; and it is further,

ORDERED that on the Court's own motion, the appellant's brief is stricken; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the brief is inadequate is denied on condition that on or before August 2, 2011, the appellant serves and files a replacement brief that complies with 22 NYCRR 670.10.3(g)(2); 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, and the respondent's time to serve and file a brief is enlarged until September 6, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court