Appellate Division: Second Judicial Department

M170411

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2013-04754, 2013-05989 Stacey Lynn Kerley, respondent, v Theodore Kevin Kerley, appellant. (Index No. 201035/09)

DECISION & ORDER ON MOTION

Separate motions by the respondent and the attorney for the child, inter alia, to strike stated portions of the appellant's brief on appeals from an order of the Supreme Court, Nassau County, dated March 13, 2013, and a judgment of the same court dated April 17, 2013, on the ground that they raise issues that are not properly before this Court, and to enlarge the time to serve and file their respective briefs.

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

ORDERED that the branches of the motion which are to strike stated portions of the appellant's brief are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to serve and file the movants' respective briefs are granted, the time to serve and file the movants' respective briefs is enlarged until April 3, 2014, and the movants' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., DILLON, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court