PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00653

KENNETH L. CRACAS, PLAINTIFF-RESPONDENT-APPELLANT, V KERRI A. CRACAS, DEFENDANT-APPELLANT-RESPONDENT.

Plaintiff having moved to strike defendant's brief and to extend plaintiff's time to file and serve a respondent's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 23, 2011, and

Defendant having cross-moved to expedite her appeal, for attorney's fees and costs, and for other relief,

Now, upon reading and filing the affidavits of David G. Ross, Esq., sworn to May 25, 2012, and June 8, 2012, the affirmation of Lisa Beth Older, Esq., dated June 4, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion insofar as it seeks to strike defendant's brief is denied, and

It is further ORDERED that plaintiff's 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 19, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 3, 2012, and

It is further ORDERED that defendant's cross motion is denied.

Entered: June 19, 2012

Frances E. Cafarell, Clerk