Appellate Division: Second Judicial Department

M136883

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2012-01133 Edith McElduff, plaintiff-appellant, v Edward McElduff, respondent; Nancy M. Eraca, etc., nonparty-appellant. (Action No. 1) Edward McElduff, respondent, v Edith McElduff, defendant-appellant; Nancy M. Eraca, etc., nonparty-appellant. (Action No. 2) (Index Nos. 10-13096, 10-10569)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated December 22, 2011, to strike the record on appeal as inadequate, to strike the nonparty-appellant's brief on the ground that she is not a proper party to the appeal, and to enlarge the time to serve and file a brief. Separate motion by the nonparty-appellant to stay all proceedings in the above-entitled actions, including the trial, and to stay enforcement of so much of the order as disqualified her from representing Edith McElduff, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's 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 29, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the motion by the nonparty-appellant is denied.

DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court