Appellate Division: Second Judicial Department

M174315

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2013-11535 Charles Grimes, respondent, v Gwynne L. Grimes, appellant. (Index No. 13-54285)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, entered October 8, 2013, on the ground that they refer to matter dehors the record. Cross motion by the appellant to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record and to enlarge the time to serve and file a reply brief. 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief and the application for that relief are granted, the appellant's time to serve and file a reply brief is enlarged until May 27, 2014, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

ENG, P.J., LEVENTHAL, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court