Appellate Division: Second Judicial Department

M185114

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2014-02734, 2014-05485 Salvatore Guerrera, respondent, v Marie Tooker, also known as Marie Guerrera, also known as Marie Guerrera McGrath, appellant, et al., defendants. (Index No. 24429/10)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated November 7, 2013, and April 15, 2014, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Motion by the respondent to dismiss the appeals on the ground that the appellant's appendix served on the respondent contains matter dehors the record and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions 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 appellant's motion is granted; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeals is denied on the ground that the subject material and references to it in the table of contents were removed by the appellant before the appendix was filed; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief and the application for that relief are granted, the respondent's time to serve

and file a brief is enlarged until February 2, 2015, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court