Appellate Division: Second Judicial Department

M136242

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-08145, 2010-10844, 2010-10846 Ronald Suissa, respondent, v Marcy R. Baron, appellant. (Index No. 3530-09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated May 10, 2010, and two orders of the same court, both dated November 1, 2010, to enlarge the time to serve and file a reply brief in connection with the appeal from the order dated May 10, 2010, and to direct, inter alia, the Clerk of the Supreme Court, Suffolk County, to include in the original papers certain documents relating to an order to show cause of that court dated February 16, 2010. Cross motion by the respondent to dismiss the appeals from the orders dated November 1, 2010, on the ground, inter alia, that the transcript was not properly settled, or, in the alternative, to direct the appellant to serve and file a supplemental record, to strike stated portions of the appellant's brief filed in connection with those appeals on the ground that they refer to matter dehors the record, and to enlarge the time to serve and file a brief in connection with those appeals. Separate motion by the respondent to direct the appellant to serve all future papers concerning the appeals by certified mail, return receipt requested, and to file proof of service, and for an award of costs. Separate motion by the appellant, inter alia, to consolidate the appeal from the order dated May 10, 2010, with the appeals from the orders dated November 1, 2010, and to enlarge the record filed in connection with the appeals from the orders dated November 1, 2010, to include certain material concerning the appeal from the order dated May 10, 2010.

Upon the papers filed in support of the motions 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 in connection with the appeal from the order dated May 10, 2010 (Appellate Division Docket No. 2010-08145), is granted to the extent that the appellant's time to serve and file a reply brief is enlarged until May 4, 2012, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to direct, inter alia, the Clerk of the Supreme Court, Suffolk County, to include in the original papers certain documents relating to an order to show cause of that court dated February 16, 2010, is denied as unnecessary as those documents are included in the original papers which have been filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders dated November 1, 2010 (Appellate Division Docket Nos. 2010-10844, 2010-10846), is denied on condition that on or before May 4, 2012, the appellant shall serve a conformed copy of the settled transcript upon the respondent or deposit the settled transcript with the Clerk of the Supreme Court, Suffolk County, who shall make it available to the respondent in accordance with CPLR 5525(c); and it is further,

ORDERED that the branch of the cross motion which is to strike stated portions of the appellant's brief filed in connection with the appeals from the orders dated November 1, 2010, is granted, all references to the record filed in connection with the appeal from the order dated May 10, 2010, are stricken from the brief, and on or before May 4, 2012, the appellant shall remove those references from the copies of the brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain those references; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief in connection with the appeals from the orders dated November 1, 2010, is granted, the respondent's time to serve and file a brief is enlarged until June 4, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day.

SKELOS, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court