Appellate Division: Second Judicial Department

M132732

E/sl

RUTH C. BALKIN, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-11366, 2011-01358, 2011-03294, 2011-08163, 2011-08164 Alexander Breytman, appellant, v Olinville Realty, LLC, respondent. (Index No. 2423/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to enlarge the time to serve and file a reply brief on appeals from three orders of the Supreme Court, Kings County, dated June 11, 2010, December 10, 2010, and February 4, 2011, respectively, and, in effect, to enlarge the record on appeals from two orders of the same court both dated May 6, 2011, to include certain exhibits annexed to the motion. Cross motion by the respondent to preclude the appellant from commencing any litigation against it or its counsel without prior leave of the Court and to impose a sanction upon the appellant

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 enlarge the time to serve and file a reply brief with respect to the appeals from the orders dated June 11, 2010, December 10, 2010, and February 4, 2011, respectively (Appellate Division Docket Nos. 2010-11366, 2011-01358, 2011-03294), is granted, the appellant's time to serve and file a reply brief is enlarged until February 10, 2012, and the reply brief must be served and filed on or before that date; and it is further,

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

ORDERED that the branch of the cross motion which is to preclude the appellant from commencing any litigation against the respondent or its counsel without prior leave of the Court is denied without prejudice to seeking any appropriate relief in the Supreme Court, Kings County; and it is further,

ORDERED that the cross motion is otherwise denied

BALKIN, J.P., ENG, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court