PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00477

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V JODY JAMES TROMBLEY, RESPONDENT-APPELLANT.

Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 5, 2010, on the ground that respondent-appellant failed to serve a copy of the record on the petitioner-respondent pursuant to this Court's rules (see e.g., 22 NYCRR 1000.3 [c] [2]), and petitioner-respondent having also moved for an extension of time to file and serve a respondent's brief and for other relief,

Now, upon reading and filing the affirmation of Kathleen M. Arnold, Esq., dated March 22, 2012, the notice of motion with proof of service thereof, and the affidavit of Donald R. Gerace, Esq., sworn to March 29, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted, and the appeal will be dismissed without further order of this Court unless respondent-appellant files and serves proof of service of the record on or before June 15, 2012, and

It is further ORDERED that in the event respondent-appellant timely files and serves proof of service of the record, the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before July 20, 2012, and the Clerk is directed to accept the brief for filing.

Entered: May 22, 2012

Frances E. Cafarell, Clerk