Appellate Division: Second Judicial Department

M155228

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2012-01098, 2012-01100, 2012-01101, 2012-03145 Richard O'Brien, appellant, v Eileen O'Brien, respondent. (Index No. 19596/89)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from three orders of the Supreme Court, Kings County, dated February 9, 2011, September 27, 2011, and November 14, 2011, respectively, and a judgment of the same court dated February 3, 2012, to dismiss the appeal from the order dated February 9, 2011, as untimely taken, and to strike those portions of the appellant's brief which raise issues relating to the order dated February 9, 2011, and 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 appeal from the order dated February 9, 2011, as untimely taken, is granted, and the appeal from the order dated February 9, 2011, is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to strike those portions of the appellant's brief which raises issues relating to the order dated February 9, 2011, is denied, as the order is brought up for review on the appeal from the judgment dated February 3, 2012 (see CPLR 5501[a][1]); 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, the respondent's time to serve and file a brief is enlarged until May 24, 2013, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court