Appellate Division: Second Judicial Department

M138910

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-00541 Howard K. Bloom, respondent, v Diane Petryk-Bloom, appellant. (Index No. 38096/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to withdraw her brief on an appeal from a judgment of the Supreme Court, Kings County, entered December 15, 2010, and file a replacement brief that contains proper citations to the transcript, to be provided with certain video and documentary material, to be allotted time for oral argument of the appeal, and to waive the motion filing fee.

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

ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to withdraw her brief and file a replacement brief is granted, the appellant's brief is deemed withdrawn, the respondent's brief is stricken, on or before July 9, 2012, the appellant shall serve and file a replacement brief, and the respondent shall serve and file a replacement brief in accordance with the rules of this Court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that the branch of the motion which is to be provided with certain video and documentary material is denied as academic in light of the appellant's letter dated April 24, 2012; and it is further,

ORDERED that the branch of the motion which is to be allotted time for oral argument of the appeal is denied without prejudice to requesting time in the replacement brief (see 22 NYCRR 670.10.3[g][1], 670.20).

SKELOS, J.P., DILLON, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court