Appellate Division: Second Judicial Department

M131649

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-03775 Mary Jean Mezzina Hannigan, respondent-appellant, v John Hannigan, appellant-respondent. (Index No. 24768/92)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the record on an appeal from an order of the Supreme Court, Nassau County, entered February 17, 2011, to include a certain order of the Supreme Court, Nassau County, awarding counsel fees. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the respondent-appellant's time to serve and file the answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until March 13, 2012, and the answering brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court