Appellate Division: Second Judicial Department

M124526

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-08660 Michael Chesner, appellant-respondent, v Robin Deutsch Chesner, respondent-appellant. (Index No. 201538/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from a judgment of the Supreme Court, Nassau County, dated July 12, 2010, to strike Point III of the appellant-respondent's brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a brief. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) 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 motion and application are granted; and it is further,

ORDERED that Point III of the appellant-respondent's brief is stricken, and on or before September 15, 2011, the appellant-respondent shall remove the stricken material from the copies of the appellant-respondent's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, on or before October 17, 2011 (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court