Appellate Division: Second Judicial Department

M145770

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2010-07697 Jamesetta Halley-Boyce, respondent, v Hillary Randolph Boyce, appellant. (Index No. 27212/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, in effect, to strike the appellant's appendix on an appeal from a judgment of the Supreme Court, Queens County, entered April 2, 2010, on the ground that it contains matter dehors the record. Separate motion by the respondent to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the appellant's appendix is granted and that motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant is granted leave to prosecute the appeal on the original papers; and it is further,

ORDERED that the motion to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 7, 2013, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court