Appellate Division: Second Judicial Department

M179971

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2013-08032 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Docket No. F-10853-11/11I)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Queens County, dated July 19, 2013, for failure to timely perfect, to strike stated portions of the appellant's brief on the ground that they raise issues not properly before the Court or 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief on the ground that they raise issues not properly before the Court or 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief on the appeal is enlarged until October 20, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court