Appellate Division: Second Judicial Department

M157374

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-10703, 2012-10704 Galyna Turko, appellant, v Daffy's, Inc., et al., respondents (Index No. 4621/08)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss appeals from two orders of the Supreme Court, Nassau County, dated August 23, 2010, and Feruary 9, 2011, respectively, as untimely taken. Separate applications by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal from the order dated August 23, 2010, are granted and that appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the record and the appellant's brief are stricken, and on or before July 8, 2013, the appellant shall serve and file a replacement record and brief that contains papers and raises issues only relating to the appeal from the order dated February 9, 2011; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until August 7, 2013, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court