Appellate Division: Second Judicial Department

M165168

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-07730 Mary Beth Lombardi, appellant, v Vittorio Lombardi, et al., respondents. (Index No. 24554/12)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated July 1, 2013, to include the parties' marriage license or for the Court to take judicial notice of the marriage license. Cross motion by the appellant to strike the respondents' brief on the ground that it refers to matter dehors the record and to impose a sanction upon the respondents and for an award of an attorney's fee and costs. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is for the Court to take judicial notice of the marriage license 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 motion is otherwise denied; and it is further,

ORDERED that the cross motion 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 application is granted, the appellant's time to serve and file a reply brief is enlarged until November 25, 2013, and the reply brief shall be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court