Appellate Division: Second Judicial Department

M143495

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-07551, 2011-09318 Shereeann Alayoff, respondent, v Abraham Alayoff, appellant. (Index No. 28546/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Queens County, entered July 6, 2011, and September 21, 2011, respectively, on the ground that the record is inadequate, to enlarge the time to serve and file a brief, and for an award of costs.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied on condition that on or before September 28, 2012, the appellant shall serve and file a second supplemental record containing Exhibit B attached to the respondent's motion papers, remove pages 16 through 18 from the copies of the record filed with the Clerk of the Court, and replace that document with a conformed, signed copy of the order to show cause contained on those pages; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until October 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., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court