Appellate Division: Second Judicial Department

M145712

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-01621 Mary Penza, appellant, v Metropolitan Life Insurance Company, et al., respondents. (Index No. 1389/97)

DECISION & ORDER ON MOTION

Motion by the respondent Metropolitan Life Insurance Company on an appeal from an order of the Supreme Court, Kings County, dated November 7, 2011, inter alia, for the Court to take judicial notice a decision and order on motion in this court dated April 18, 2012, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - April 2012 Calendar" which dismissed an appeal from an order of the same court dated June 13, 2011, in the above-entitled action, under Appellate Division Docket No. 2011-07639. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is for the Court to take judicial notice of the decision and order on motion dated April 18, 2012, is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appellant's time to serve and file a reply brief is enlarged until December 28, 2012, and the reply brief shall be served and filed on or that date.

DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court