Appellate Division: Second Judicial Department

M161228

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-09715 Harry Sabowitz, appellant, v Ilana Sabowitz, defendant-respondent; Dafna Koshanfar, et al., nonparty-respondents. (Index No. 54896/10)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent, inter alia, to strike the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated June 27, 2012, on the ground that it refers to matter dehors the record, 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 strike the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the defendant-respondent's time to serve and file a brief is granted and the defendant-respondent's time to serve and file a brief is enlarged until September 23, 2013, and the defendant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court