Appellate Division: Second Judicial Department

M134450

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2011-07323 Alicia Walker, appellant, v Tiffany A. George, et al., defendants, Progressive Corporation, respondent. (Index No. 23252/08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 13, 2011, inter alia, to strike the appellant's brief on the ground, among other things, that it contains references to a "Record on Appeal" that was never served or filed, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the appellant's brief on the ground that it contains references to a "Record on Appeal" that was never served or filed is granted and on or before March 29, 2012, the appellant shall serve and file a replacement brief that contains references to the original papers, identifying the documents that are being referenced; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 30, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court