Appellate Division: Second Judicial Department

M147714

E/sl

DANIEL D. ANGIOLILLO, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, 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, for failure to comply with a decision and order on motion of this Court dated September 13, 2012, and for an award of costs or to enlarge the 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 branch of the motion which is to dismiss the appeals is denied on condition that on or before December 28, 2012, the appellant serves and files a supplemental record containing Exhibit B attached to the respondent's instant motion papers; 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 January 28, 2013, 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.

ANGIOLILLO, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court