Appellate Division: Second Judicial Department

M152620

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-08392 In the Matter of Marvin P. (Anonymous), respondent. Kathleen M. Rice, etc., et al., appellants. (Index No. 94-87577)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Orange County, dated August 17, 2012, in effect, for leave to reargue stated portions of his prior motion, inter alia, to strike stated portions of the appellants' briefs, which was determined by decision and order on motion of this Court dated January 17, 2013, and his prior motion, inter alia, for this Court to subpoena certain documents and transcripts, which was determined by decision and order on motion of this Court dated January 7, 2013. Separate motion by the respondent, inter alia, for leave to file an oversized brief and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion, in effect, for leave to reargue is denied; and it is further,

ORDERED that the motion, inter alia, for leave to file an oversized brief and to enlarge the time to serve and file a brief is granted to the extent that on or before April 22, 2013, the respondent shall serve each appellant with one copy of and file nine copies of his brief in the form appended to the motion papers, and the motion is otherwise denied.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court