Appellate Division: Second Judicial Department

M182946

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2013-09478 Floyd Cockburn, appellant, v Jennifer Marie Neal, et al., respondents. (Index No. 20014/10)

DECISION & ORDER ON MOTION

Motion by the respondent Patricia N. Joseph to strike the appellant's brief and record on an appeal from an order of the Supreme Court, Kings County, dated June 26, 2013, as inadequate and to enlarge the time to serve and file her 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 the record on appeal is granted to the extent that on or before January 5, 2015, the appellant shall serve and file a supplemental record containing the reply affirmation and sur-reply affirmation of the respondent Patricia N. Joseph filed in connection with the motion that resulted in the order dated June 26, 2013; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent Patricia N. Joseph's time to serve and file a brief is granted, the time of the respondent Patricia N. Joseph to serve and file a brief is enlarged until February 5, 2015, and the brief of the respondent Patricia N. Joseph must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court