Appellate Division: Second Judicial Department

M161972

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2012-07223 In the Matter of Gurdeep Singh, appellant, v Gurmail Singh, et al., respondents. (Docket No. V-7143-11)

DECISION & ORDER ON MOTION

Motion by the respondent Sarbjeet Kaur to dismiss an appeal from an order of the Family Court, Queens County, dated November 18, 2011, as untimely taken or on the ground that the issues raised by the appellant were determined on prior appeals, or alternatively, to strike stated portions of the appellant's brief on the ground that they refer 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 dismiss the appeal as untimely taken is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the issues raised by the appellant were determined on prior appeals is denied without prejudice to the respondent Sarbjeet Kaur raising arguments in the brief addressing any improper arguments contained in the appellant's brief; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record 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 time to serve and file a brief is granted, the movant's time to serve and file a brief on the appeal is enlarged until October 10, 2013, and the movant's brief must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court