Appellate Division: Second Judicial Department

M128265

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-06257 Linda Saline, etc., appellant, v Richard Saline, respondent. (Index No. 16652/07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's appendix and brief on an appeal from a judgment of the Supreme Court, Queens County, dated May 3, 2011, on the ground that they contain or refer to matter dehors the record, or to enlarge the time to serve and file a brief. Cross motion by the appellant to stay enforcement of the judgment, as well as cancellation of a notice of pendency concerning the subject premises, pending hearing and to stay the determination of the appeal

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 branch of the motion which is to strike the appellant's appendix and brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; 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, the respondent's time to serve and file a brief is enlarged until December 1, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court