Appellate Division: Second Judicial Department

M135527

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-03944 Gregory Tarone, appellant, v Madeleine Tarone, respondent. (Index No. 500001-06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated April 8, 2011, inter alia, in effect, for failure to file the hearing exhibits, or, in the alternative, 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 dismiss the appeal, in effect, for failure to file the hearing exhibits is denied on condition that on or before April 30, 2012, the appellant file the hearing exhibits or a stipulation limiting the hearing exhibits to be filed on appeal and filing the exhibits not included in the stipulation; 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 May 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.

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court