Appellate Division: Second Judicial Department

M148170

E/sl

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-00450 Robert Rubackin, appellant, v Sheila Rubackin, respondent. (Index No. 1110/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Rockland County, entered November 16, 2011, for failure to comply with a decision and order on motion of this Court dated September 28, 2012, which directed the appellant to serve and file a supplemental record containing certain papers on or before a date certain or, in the alternative, to enlarge the time to serve and file a brief, and for an award of an attorney's fee. Separate motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated September 28, 2012.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted, and the appellant's time to serve and file the supplemental record as directed by the decision and order on motion of this Court dated September 28, 2012, is extended until January 21, 2013; and it is further,

ORDERED that the branch of the respondent's motion which is 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 February 22, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court