Appellate Division: Second Judicial Department

M124786

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-12082 Marie Claire Franco, respondent-appellant, v Saveur Franco, appellant-respondent. (Index No. 18864/06)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated October 27, 2010. Cross motion by the respondent-appellant, inter alia, to direct the appellant-respondent to comply with certain provisions of the judgment of divorce and pay certain counsel fees as a condition of granting an enlargement.

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

ORDERED that the motion is granted, the appellant-respondent's time to perfect the appeal is enlarged until October 21, 2011, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; 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, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court