Appellate Division: Second Judicial Department

M140757

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-10844, 2010-10846 Ronald Suissa, respondent, v Marcy R. Baron, appellant. (Index No. 35301-09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, both dated November 1, 2010, inter alia, to strike the appellant's brief for failure to comply with the decision and order on motion of this Court dated April 13, 2012, to direct the appellant to serve and file a replacement brief, and to enlarge his time to serve and file a brief.

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

ORDERED that the branches of the motion which are to strike the appellant's brief and to direct the appellant to serve and file a replacement brief are granted, and on or before August 7, 2012, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 12, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court